36. How is pain and suffering calculated?

Pain and suffering is a category of non‑economic damages, meaning it covers the physical discomfort and emotional distress caused by an injury rather than financial losses like medical bills or lost wages. Because these harms don’t come with receipts or clear price tags, the calculation is more subjective. Courts, insurance companies, and attorneys look at the severity of the injury, how long recovery is expected to take, and how the injury affects daily life. The more disruptive and long‑lasting the impact, the higher the potential value.

One common approach is the multiplier method. This involves adding up the economic damages—such as medical expenses and lost income—and multiplying that total by a number that typically ranges from 1.5 to 5. More serious injuries, like those involving permanent disability or chronic pain, tend to justify higher multipliers. This method attempts to reflect the idea that the emotional and physical toll of an injury often exceeds the financial cost alone.

Another approach is the per diem method, which assigns a daily dollar amount to the victim’s pain and suffering. That amount is then multiplied by the number of days the person is reasonably expected to experience pain or emotional distress. For example, if someone is assigned a daily rate based on their typical daily earnings or another reasonable figure, and their recovery lasts several months, the total can add up quickly. This method is often used when the recovery timeline is clear and the impact on daily life is easy to describe.

Ultimately, pain and suffering calculations depend heavily on evidence. Medical records, therapist notes, testimony from loved ones, and documentation of lifestyle changes all help paint a picture of how the injury has affected the person’s life. Insurance companies may try to minimize these damages, while attorneys work to show the full extent of the harm. Because of this subjectivity, two similar injuries can result in very different pain‑and‑suffering awards depending on how well the impact is demonstrated.