Pain and Suffering Calculator
Results
Multiplier Method: $0
"Per Diem" Method: $0
Recommended Settlement (Higher of the Two): $0
Pain and Suffering Calculator for Non-Economic Damages
Assigning a monetary value to "pain and suffering" is one of the most complex aspects of a personal injury case. To address this, insurance adjusters and attorneys often rely on either the "multiplier" method or the "per diem" approach to estimate these damages.
These methods provide a framework for settlement discussions, but they are just starting points—not the final word—when determining the value of an injury claim.
In personal injury cases, compensation typically falls into two main categories of damages: economic ("special") damages and non-economic ("general") damages.
- Economic damages cover easily measurable losses, such as medical expenses, lost wages from missed work, property damage, and any other out-of-pocket costs resulting from the accident or injury.
- Non-economic damages, on the other hand, address more subjective impacts, like pain and suffering. This can include physical pain, emotional distress, mental anguish, and other ways your injuries have disrupted your life.
When personal injury cases proceed to trial, compensation awarded is typically based on these two categories of damages. For cases settled out of court, similar factors are taken into account. But how exactly is a dollar value placed on something as intangible as pain and suffering?
Calculating Pain and Suffering
Quantifying non-economic damages is inherently subjective, but there are standard methods used in settlement negotiations. The two most common are the multiplier method and the per diem (daily rate) method. Use the calculator below to see how each approach works and compare the results.
The "Multiplier" Method for Calculating Pain and Suffering
A commonly used method for estimating pain and suffering damages is the multiplier approach. This involves adding up your medical expenses related to the accident and multiplying the total by a number typically ranging from 1.5 to 5, depending on the specifics of your case.
The multiplier chosen is influenced by several factors, including:
- The severity of your injuries
- The likelihood of a full and speedy recovery
- How the injuries have impacted your daily life
- Clear evidence of fault on the part of the other party
This method is widely used by insurance companies, making it a standard in many settlement negotiations. The key point of contention often becomes the multiplier value itself. While you, as the claimant, may advocate for a higher multiplier, the defendant's insurance company will aim for a lower figure. Understanding the factors influencing the multiplier can help you make a stronger case.
The "Per Diem" Method for Valuing Pain and Suffering
Another approach to calculate pain and suffering is the "per diem" method, which translates to "per day" in Latin. This method assigns a daily dollar amount to the pain, discomfort, and inconvenience caused by your injuries.
Determining the appropriate daily rate can be subjective. One straightforward approach is to base the rate on your daily earnings or income, arguing that enduring pain each day is at least equivalent to the effort of working.
For example:
Imagine you suffered moderate whiplash after being rear-ended, requiring you to wear a neck brace and take pain medication for two months. Following this, you experienced ongoing discomfort for three additional months, totaling five months (or 150 days) of pain. If your annual income is $45,000, your daily earnings would be $180 (based on a 250-workday year). Using the per diem method, multiplying $180 by 150 days results in $27,000 for pain and suffering.
This method is less practical if you’re unemployed, have significantly low or high income, or are dealing with permanent injuries. For such cases, legal guidance is recommended to determine a fair valuation.
Combining Methods and Adjusting for Your Case
It’s often beneficial to calculate pain and suffering using both the multiplier and per diem methods. The resulting range provides a foundation to adjust based on the specific details of your case.
For example:
- If you were injured in a clear-cut incident, like being hit by a drunk driver who ran a red light, aim for the higher end of the settlement range.
- For cases with less obvious liability, such as a slip-and-fall on private property, your settlement may fall closer to the lower end.
Every personal injury case is unique, but starting with a justified figure in your demand letter increases the likelihood of a favorable outcome.
Importance of Documenting Pain in Medical Records
When pursuing general damages, clear documentation of your pain and suffering is crucial. Ensure that you communicate your discomfort, limitations, and how the injuries have affected your life to your healthcare providers. These descriptions should be reflected in your medical records.
Insurance adjusters are more likely to accept documented reports from medical professionals as evidence of pain, whereas unsupported claims may be dismissed. Working with an experienced attorney can further strengthen your case by ensuring all necessary evidence is presented. If you're unsure where to start, consult a qualified personal injury lawyer for guidance tailored to your situation.
Disclaimer: This pain and suffering calculator provides estimates and should not be used as a substitute for legal advice. For a more precise valuation, consult a qualified personal injury attorney.