How Much Is Pain and Suffering Worth in a Roundup Lawsuit?

If you or a loved one has been diagnosed with Non-Hodgkin’s Lymphoma after long-term exposure to Roundup, you know the harm goes far beyond medical bills. A cancer diagnosis impacts every corner of your life, from your physical well-being and emotional health to your family relationships and ability to enjoy daily activities. This profound human cost is legally recognized as “pain and suffering,” and it is a critical component of any Roundup lawsuit.

While medical expenses and lost wages are calculated with receipts and pay stubs, valuing the immense personal toll of cancer is far more complex. At Walch Law, we help our clients understand what pain and suffering includes and how we fight to ensure this devastating harm is fully recognized. This guide explains how pain and suffering is valued in Roundup cases, while making it clear that every situation is unique.

What Does “Pain and Suffering” Actually Include?

In a legal context, “pain and suffering” is a broad term for the total non-economic impact of an injury. It is not just about physical discomfort. It encompasses the entire spectrum of human loss that follows a cancer diagnosis caused by a dangerous product.

This includes:

Physical Pain and Suffering: The direct pain from the cancer itself, as well as the grueling side effects of treatments like chemotherapy, radiation, and immunotherapy. This includes chronic fatigue, nausea, insomnia, neuropathy, and pain from biopsies and surgeries.
Emotional and Mental Distress: The profound anxiety, depression, and fear that come with a cancer diagnosis. This includes the constant fear of recurrence, the stress of endless medical appointments, and the trauma of facing your own mortality.
Loss of Enjoyment of Life: The inability to participate in hobbies, activities, and routines you once loved. This could mean being unable to play with your grandchildren, travel, garden, or simply take a walk without debilitating fatigue.
Relationship Strain: The impact on your relationships with your spouse, children, and friends. It includes the loss of companionship and intimacy (loss of consortium) and the shift in family dynamics when you can no longer fulfill your role as a partner, parent, or provider in the same way.

How Is Pain and Suffering Calculated in a Roundup Case?

There is no fixed formula or calculator for pain and suffering. Instead, its value is determined through negotiation, mediation, or, in rare cases, by a jury. Experienced attorneys, mediators, and insurance companies look at several key factors to arrive at a monetary value.

Two common concepts used to frame this discussion are:

The Multiplier Method: This is a simple (though often imprecise) concept where the total economic damages (medical bills and lost wages) are multiplied by a number (e.g., 1.5 to 5) to estimate non-economic damages. The multiplier increases based on the severity and permanence of the injury.
The Per-Diem Method: This method assigns a dollar amount to each day from the date of injury until the individual reaches maximum recovery. For example, assigning a value of $200 per day for two years of suffering.

In practice, large-scale Roundup litigation often relies on negotiated settlement programs that use a “matrix” to assign values based on a range of factors, ensuring a degree of consistency across thousands of claims.

Evidence That Increases the Value of Your Pain and Suffering Claim

To secure the maximum compensation for your suffering, we must tell a compelling and thoroughly documented story of your life after diagnosis.

Key evidence we use includes:

Medical Records: Pathology reports detailing the specific type and stage of your cancer, as well as doctors’ notes describing the severity of your symptoms and treatment side effects.
Treatment Timeline: A clear record of every round of chemotherapy, radiation session, surgery, and hospitalization you have endured.
Therapy and Counseling Notes: Records from a therapist or psychologist documenting your anxiety, depression, or PTSD related to the cancer diagnosis.
Personal Journals and Photos: Your own written accounts of your daily struggles, pain levels, and emotional state. Photos that show the physical toll of treatment can also be powerful.
Witness Statements: Testimony from your spouse, children, or close friends describing the changes they have seen in you and the impact on your family.
“Before and After” Activity Lists: A clear description of the hobbies and activities you enjoyed before your diagnosis versus what you are able to do now.

Illustrative Settlement Ranges for Pain and Suffering

These are only examples and are not a guarantee of any specific outcome. The value of every case is highly fact-specific.

Limited Treatment with Remission: For a case involving a less aggressive cancer that responds well to a single line of treatment and results in long-term remission with modest ongoing symptoms, non-economic damages might fall in the low-to-mid five-figure range.
Aggressive Treatment and Ongoing Symptoms: A case involving multiple, difficult lines of chemotherapy and/or radiation, leading to significant long-term side effects (like neuropathy or fatigue) even after remission, could see values in the mid-five-figure to low-six-figure range.
Relapse, Secondary Cancers, or Disability: When a victim suffers a relapse, develops a secondary cancer, or is left permanently disabled from their treatment, the pain and suffering component is substantial. These cases can reach the low-to-mid six figures or higher, especially with strong liability evidence.
Wrongful Death Cases: These cases are valued differently, as the claim is brought by the surviving family members. It includes damages for their own suffering, such as the loss of companionship, guidance, and support. These values vary widely based on the victim’s age, role in the family, and other factors.

Factors That Can Move the Numbers Up or Down

Strength of Exposure Proof: Strong evidence of long-term, heavy occupational or residential exposure to Roundup can increase value.
Age and Dependents: A younger victim with a long life expectancy and dependents often has a higher-valued claim.
Comorbidities: Pre-existing health conditions can sometimes complicate the valuation.
Credibility: Your consistency and truthfulness throughout the process are vital.
Punitive Damages: While settlements typically do not include punitive damages, massive jury verdicts in Roundup trials have included them, reflecting a jury’s desire to punish the manufacturer for its conduct.

How Walch Law Fights for Your Full Pain and Suffering Damages

Valuing the human cost of cancer requires experience and dedication. Our process includes:

Deep Case Analysis: We create a detailed model of your life, chronicling every medical appointment, treatment side effect, and lost milestone.
Compelling Storytelling: We weave together medical records, witness statements, and personal journals to tell the undeniable story of your suffering.
Expert Testimony: We work with leading oncologists and psychologists who can explain the profound physical and emotional toll of your specific cancer and treatment.
Aggressive Negotiation: Armed with powerful evidence, we negotiate relentlessly to ensure the settlement offer fully reflects the harm you have endured.

Frequently Asked Questions

1. Can I claim pain and suffering if my cancer is in remission?
Absolutely. Remission does not erase the pain, fear, and trauma you have already gone through. Your claim covers the entire ordeal.

2. Do I need to see a therapist to have a claim for emotional distress?
While it is not strictly required, having records from a therapist provides powerful, objective documentation of your emotional suffering and strengthens your claim.

3. Will an arbitration agreement limit my pain and suffering damages?
In some legal contexts, arbitration can limit certain damages. However, in the context of large mass torts like Roundup, values are typically determined by negotiated settlement programs.

4. How are wrongful death non-economic damages handled?
A wrongful death claim allows surviving family members (like a spouse or children) to recover for their own loss of love, companionship, comfort, and guidance.

5. Do I have to pay taxes on a pain and suffering award?
Generally, compensation for physical injuries and physical sickness is not considered taxable income by the IRS. However, you should always consult with a tax professional.

6. Do I have to pay any fees for you to handle my case?
No. At Walch Law, we work on a contingency fee basis. This means you pay absolutely nothing unless and until we win a financial recovery for you.

Let Us Tell Your Story. Let Us Fight for You. Winning LA Roundup Lawsuit Law Firm

You have been through enough. You deserve a legal team that understands the true cost of your cancer diagnosis and will fight to ensure you are compensated for every bit of it. The family at Walch Law will handle the complex evidence gathering and legal valuation so you can focus on your health.