How to Calculate Pain and Suffering Damages in Personal Injury Cases

Pain and suffering damages often represent the largest portion of a personal injury settlement, yet they're also the most difficult to calculate. Unlike medical bills or lost wages, there's no receipt for emotional distress or chronic pain. This guide explains how these damages are calculated and what you can do to maximize your compensation.

What Are Pain and Suffering Damages?

Pain and suffering is a legal term that encompasses the physical and emotional distress caused by an injury. These are classified as "non-economic damages" because they don't have a specific dollar value. Pain and suffering typically includes:

• Physical pain: The actual physical discomfort from your injuries, both acute and chronic
• Emotional distress: Anxiety, depression, PTSD, fear, and other psychological effects
• Loss of enjoyment of life: Inability to participate in hobbies, sports, or activities you previously enjoyed
• Loss of consortium: Impact on your relationship with your spouse or family
• Disfigurement: Scarring or permanent changes to your appearance
• Inconvenience: Disruption to your daily life during recovery

The Multiplier Method

The multiplier method is the most common approach used by insurance companies and attorneys to calculate pain and suffering. Here's how it works:

Basic Formula

Pain & Suffering = Economic Damages × Multiplier

First, you total all your economic damages (medical bills, lost wages, property damage, etc.). Then, this amount is multiplied by a factor typically ranging from 1.5 to 5, depending on the severity of your injuries.

Multiplier Guidelines

Example Calculation

Let's say you were in a car accident with the following economic damages:

• Medical bills: $25,000
• Lost wages: $8,000
• Property damage: $7,000
• Total economic damages: $40,000

If you suffered a moderate injury (herniated disc requiring physical therapy), a 2.5x multiplier might apply:

Pain & Suffering = $40,000 × 2.5 = $100,000

Total Settlement = $40,000 + $100,000 = $140,000

The Per Diem Method

The per diem (Latin for "per day") method calculates pain and suffering by assigning a daily rate to your suffering and multiplying it by the number of days you were affected.

Basic Formula

Pain & Suffering = Daily Rate × Number of Days Affected

Setting the Daily Rate

The daily rate is often based on your actual daily earnings, with the logic being that dealing with pain and suffering is at least as difficult as going to work. Common approaches include:

• Your actual daily wage (annual salary ÷ 365)
• A reasonable daily amount based on injury severity
• The federal minimum wage multiplied by 8 hours

Example Calculation

If you earn $60,000 annually ($164/day) and your recovery takes 200 days:

Pain & Suffering = $164 × 200 = $32,800

Which Method is Better?

The multiplier method generally produces higher values for severe injuries, while the per diem method may work better for longer recoveries from moderate injuries. In practice:

• Insurance companies often prefer the per diem method (lower payouts)
• Plaintiffs' attorneys typically argue for the multiplier method
• The method used may depend on what produces a more favorable result for your specific case

Factors That Increase Pain and Suffering Awards

Several factors can push your multiplier higher or increase your daily rate:

Injury-Related Factors

• Surgery required
• Permanent injury or disability
• Visible scarring or disfigurement
• Chronic pain conditions
• Mental health impacts (PTSD, depression, anxiety)
• Impact on daily activities and quality of life

Case-Related Factors

• Clear liability (defendant obviously at fault)
• Defendant's egregious conduct (drunk driving, texting)
• Strong documentation and evidence
• Credible witnesses
• Consistent medical treatment

Documenting Your Pain and Suffering

Since pain and suffering is subjective, thorough documentation is essential:

1. Keep a pain journal: Document your daily pain levels, limitations, and emotional state
2. Follow all medical advice: Gaps in treatment hurt your credibility
3. Seek mental health treatment: If you're experiencing anxiety or depression, get professional help and documentation
4. Document lifestyle changes: Note activities you can no longer do or struggle with
5. Get witness statements: Family and friends can attest to changes in your behavior and capabilities
6. Photograph your injuries: Visual evidence of bruising, scarring, or physical therapy is powerful

State Caps on Non-Economic Damages

Some states limit how much you can recover for pain and suffering:

• California: No cap except in medical malpractice cases ($350,000 cap)
• Texas: No cap for personal injury; $250,000-$500,000 for medical malpractice
• Florida: No caps (previously had caps that were found unconstitutional)
• Colorado: $642,180 cap (adjusted annually for inflation)
• Ohio: Greater of $250,000 or 3x economic damages, up to $350,000 per plaintiff

Check your state's specific rules as these caps can significantly affect your settlement.

Using Our Calculator

Our settlement calculator uses the multiplier method to estimate your pain and suffering damages. Simply enter your economic damages and select your injury severity, and the calculator will apply an appropriate multiplier based on your specific circumstances and state laws.

Conclusion

Pain and suffering damages can significantly increase your total settlement, but they require careful documentation and strategic presentation. Whether using the multiplier or per diem method, understanding how these damages are calculated helps you set realistic expectations and maximize your compensation.

For injuries with significant pain and suffering components, consulting with a personal injury attorney can help ensure you receive fair compensation for all your damages, not just your economic losses.