It would appear your mom has made a third party claim through the at-fault party's Liability coverages and for her injuries will be paid for economical and non-economical losses.

Economic damages refer to reimbursement for the actual costs associated with the accident, expenses like hospital bills, doctor bills, lost wages and any other actual costs associated with the accident itself. Non-economic losses are those to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other pecuniary damages.

The definition of pain and suffering can differ depending upon state laws and/or the guidelines of an insurance company however in general it is thought of as the physical and emotional (mental) distress resulting from an injury. This may include actual broken bones and internal ruptures as well as aches, pain, temporary and/or permanent limitations on activity.

Items such as potential shortening of life, depression and scarring may also be taken into account when determining the amount of pain and suffering a person has had from the injuries they sustained in the auto accident. The actual dollar value of damages for pain and suffering is subjective, as distinguished from medical bills, future medicals, and lost wages which can be calculated using the actual costs and that is why states and insurers categorize one as economical and the other as non-economical.

Many say the rule of thumb for pain and suffering is three times the medical bills but this is not always true, it really depends upon the injuries of the person whether they will receive a settlement for pain and suffering anywhere from 2 to 5 times the actual damages.

There is no specific answer or simple pain and suffering table to look at to calculate what your mom, or anyone else injured in a motor vehicle accident, may be offered as a settlement for their pain and suffering as a result of injuries sustained in the collision.

Lawyers can look at past case law to see what pain and suffering has been awarded for similar injuries and claims adjusters for insurance companies can look at previous claim settlements to see how much has been paid out on similar injury claims for pain and suffering. So if a lawyer is involved in your mother's insurance claim settlement he or she should know what is average for pain and suffering in your area for her type of injuries.

Most insurance claims adjusters after awhile have a feel for what the pain and suffering settlement value will be based on their years of experience handling hundreds, if not thousands of claims. Factors that they will look at when making an offer to your mom is her actual medical expenses, including what they believe will be needed in the future to treat any ongoing problems, the length of her medical treatment, her recovery time as well as the nature of her injury. If her injuries are minor than her pain and suffering settlement may be from a few hundred to a few thousand dollars while if her injuries are extensive and severe than the pain and suffering offer should be higher.

Typically the longer your recovery period, the greater your pain and suffering is in the eyes of an insurance company or court, therefore the higher the settlement value of your bodily injury expenses and pain and suffering settlement.

So there is no specific formula used to calculate pain and suffering. Each case is different and is settled based upon its own merit by looking at the injury, medical treatment, recovery time, etc. It is a subjective process so if your mom is not happy with the amount offered her for her pain and suffering she can try to negotiate a higher amount by showing her recovery time will be long or that she was in a lot of pain due to a specific injury she received.

You can read our article on this topic for more information, it is titled Auto Accidents and Pain and Suffering.