How do courts compensate for pain and suffering when it cannot be calculated exactly?

In tort law, courts address the challenge of compensating for non-monetary losses, such as pain and suffering, by incorporating them into a single, comprehensive award of damages.1

The fundamental theory behind this compensation is to place the injured party in the position they would have occupied had the injury not occurred, to the extent that a monetary award can achieve this. Because pain and suffering lack a precise market value, the legal system relies on the role of the jury or judge to determine an appropriate sum. In common-law systems, this assessment often includes both past suffering and future suffering that the injured person is reasonably certain to undergo.1

While items like medical expenses and lost wages are easily calculated, the award for pain and suffering is a subjective determination made within the framework of legal procedure, where judges provide instructions to juries on how to evaluate such claims. If the defendant's conduct was particularly reckless or malicious, courts may also award punitive damages to express societal disapproval, though these are distinct from compensatory damages.12