When someone is injured in an accident, not all damages are financial. While medical bills and lost wages can be calculated with receipts and pay stubs, pain and suffering is far more subjective. Yet, it’s a critical part of most personal injury claims. You may wonder, how do lawyers figure pain and suffering when the experience is so personal? Attorneys typically rely on two commonly accepted methods: the multiplier method and the per diem method.
Understanding both approaches can help injury victims recognize how compensation is determined and what to expect during settlement discussions or court proceedings.
The Multiplier Method
The multiplier method is the most widely used approach to calculating pain and suffering damages.
With this method, a lawyer takes the total amount of the victim’s economic damages—medical bills, lost income, and other quantifiable expenses—and multiplies it by a number. This number, usually between 1.5 and 5, reflects the severity of the injury, the recovery time, and how deeply the injury has affected the victim’s life.
For example, if your economic damages total $20,000 and the chosen multiplier is 3, then your pain and suffering damages would be $60,000. The total claim would then be $80,000.
Factors That Influence the Multiplier
The selection of the multiplier is critical and varies depending on:
- Severity of injuries: More serious injuries typically warrant higher multipliers.
- Length of recovery: A longer recovery period usually justifies a higher number.
- Impact on daily life: If the injury disrupts daily tasks, hobbies, or work long-term, it may push the multiplier upward.
- Certainty of liability: A clear fault in the case supports a stronger claim and potentially a higher multiplier.
Attorneys and insurers may not always agree on the appropriate multiplier. That’s why strong documentation—medical records, therapy reports, and even personal journals—can make a significant difference.
The Per Diem Method
The per diem (Latin for “per day”) method assigns a daily dollar value to the victim’s pain and suffering and multiplies it by the number of days the person is reasonably expected to experience distress due to the injury.
Let’s say your lawyer assigns a value of $200 per day. If it takes you 120 days to fully recover from your injuries, then the pain and suffering claim would be calculated as 120 x $200 = $24,000.
How the Daily Rate is Determined
The daily rate isn’t arbitrary. It is often based on:
- A person’s daily wage: Some attorneys argue that if you make $200 per day, your suffering should be worth at least that amount.
- Severity of the discomfort: If your pain is chronic and prevents you from enjoying normal life, a higher daily rate may be argued.
- Medical opinions: Doctors’ input on how long pain is likely to last also factors into the final calculation.
Though not as commonly used as the multiplier method, the per diem method can be especially persuasive in cases involving clear timeframes for recovery.
Which Method is Better?
There’s no one-size-fits-all answer. The multiplier method is more frequently used, especially in settlements, because it ties directly to actual financial losses. It is also familiar to insurance adjusters and judges. However, the per diem method can be effective for short-term injuries where the daily impact is intense and well-documented.
In some cases, attorneys may use both methods to compare outcomes and determine which is more favorable for their client.
Why Legal Guidance Matters
Pain and suffering damages can make up a significant portion of a personal injury award. Yet, because they’re subjective, they’re also the most contested. Understanding how lawyers figure pain and suffering is only the first step. The next is working with a lawyer who can gather the evidence, construct a compelling narrative, and negotiate effectively on your behalf.
Calculating pain and suffering is part science, part art—and all about advocating for justice. If you’ve been injured and are unsure what you’re entitled to, it’s best to consult a professional who knows how to build a claim that reflects both your financial and emotional losses.
