Skip to main content
Settlement

How is pain and suffering calculated in a personal injury case?

Pain and suffering is a form of non-economic damage that compensates you for the physical pain, emotional distress, mental anguish, and reduced quality of life caused by your injuries. There is no fixed formula mandated by law, but insurance companies and attorneys commonly use two methods. The multiplier method multiplies your total economic damages (medical bills, lost wages) by a factor between 1.5 and 5, with the multiplier increasing based on injury severity and impact on your life. The per diem method assigns a daily dollar value to your suffering and multiplies it by the number of days you experienced pain. Factors that increase the multiplier include permanent injuries, long recovery timelines, significant lifestyle limitations, psychological trauma, and clear liability on the defendant's part. A detailed pain journal documenting your daily experience is powerful evidence for maximizing this component of your claim.

For informational purposes only. Not legal advice. Consult a licensed attorney.

Related Topics

pain and suffering calculationnon-economic damagespain suffering multiplierinjury pain compensation

More Settlement Questions