How Is Pain and Suffering Calculated in Nebraska?

It can be difficult to assign a dollar amount or value of your pain and suffering after a car accident or personal injury. But these two methods can help you determine how much pain and suffering you should ask for when negotiating your personal injury settlement in Nebraska.

What Is Pain and Suffering?

In legal terms, pain and suffering is the physical, mental, and emotional distress caused by an injury, whether from a car accident, workplace injury, or another incident. Pain and suffering is considered general damages, not special damages, and does not cover the cost of medical bills, vehicle repairs, or lost wages.

It does, however, include both acute pain—immediate discomfort following the injury—and chronic pain, which may persist for months or years after an accident. Pain from medical treatments like surgeries, physical therapy, or other necessary procedures, as well as pain from the healing process, and permanent damages like nerve injuries, arthritis, or muscle pain are all relevant to pain and suffering damages.

Along with physical damages, pain and suffering also accounts for the emotional, mental, and psychological distress as a result of your injury or accident. If you can demonstrate how trauma manifested after your injury and how it negatively impacted your quality of life or ability to function, you may be eligible for compensation.

Here are a few emotional pain and suffering settlement examples that are compensable under Nebraska law:

  • Anxiety or depression
  • Embarrassment or shame about an injury
  • Fear
  • Grief
  • Insomnia
  • Loss of appetite
  • Loss of companionship
  • Loss of consortium
  • Loss of enjoyment
  • Memory loss
  • Mental anguish
  • Personality differences
  • Post-traumatic stress disorder
  • Shock

Evidence for Pain and Suffering Claims

Since pain and suffering is subjective, proving it can be challenging. Here are the types of evidence that can be used to support a pain and suffering claim in Nebraska:

  • Medical records
  • Testimony
  • Photographs and videos
  • Personal journals
  • Police reports
  • Accident reconstruction reports

The more consistent evidence that can be gathered, the stronger your pain and suffering case will be.

Methods for Calculating Pain and Suffering

There are two common pain and suffering calculations that Nebraska courts and insurance adjusters can use in personal injury cases to fairly compensate an injured party for recoverable damages. These calculations are not exact formulas for determining your final settlement amount, and they’re not guarantees of payment. They are simply tools used in the negotiation process. The final settlement amount will depend on various factors, including the strength of your evidence, the specifics of your injuries, and the skill of your attorney in negotiating on your behalf.

Multiplier Method

The most common method for how to determine pain and suffering damages in Nebraska is the multiplier method. This approach involves multiplying the total amount of your economic damages, like medical bills or lost wages, by a number between 1.5 to 5 depending on the severity of the injury.

  • Mild Injuries: For relatively minor injuries, a lower multiplier (e.g., 1.5–2) may be used.
  • Serious Injuries: A higher multiplier (e.g., 3–5) is often applied for severe or life-altering injuries, like permanent disability or significant chronic pain.

Per Diem Method

Another pain and suffering calculator method is the per diem method. With this approach, the court assigns a daily value for pain and suffering based on how much you believe your pain is worth per day. This amount is then multiplied by the number of days the injury affects your life, from the date of the injury until you reach the maximum recovery point.

For example, if you’re in pain for six months, you might be assigned a daily value (e.g., $100) for each day of discomfort. The total pain and suffering would then be calculated as $100 x 180 days = $18,000.

To figure your pain and suffering amount per day, you might base it off your daily earnings or income, but this may not work well if you’re unemployed, your income is much higher or lower than average, or you’re suffering from long-term injuries.

Combination of Methods

Rather than using one or the other, you should calculate your pain and suffering using both the multiplier and per diem methods. You might get very different numbers, but requesting a reasonable amount in your demand letter that falls within that range will be a great starting point for your negotiations.

What Is the Average Settlement Amount for Pain and Suffering?

Unfortunately, it’s challenging to determine an average settlement amount for pain and suffering in Nebraska because each case is unique and the amount of pain and suffering a person experiences will vary depending on individual circumstances. Additionally, many personal injury cases are settled out of court and the terms of those settlements are kept confidential.

That said, Nebraska does not have a cap on pain and suffering damages in most cases. However, certain types of claims—such as medical malpractice—have specific limits on non-economic damages. For instance, under Nebraska medical malpractice laws, the total cap on damages—covering both economic and non-economic losses—is $2.25 million.

Given this flexibility in most personal injury settlements, it may be helpful to research public personal injury settlements in Nebraska that are similar to yours and consult with a Nebraska injury lawyer to discover how much is typically awarded in damages.

For more information on how to calculate pain and suffering and settlement options for your unique personal injury case, consult an experienced personal injury attorney at Dyer Law, or call (402) 393-7529 to schedule your free consultation today!

The information provided in this blog post is for informational purposes only and does not constitute legal advice. You should consult with an experienced personal injury attorney near you to discuss the specific details of your case.