What "pain and suffering" covers
Pain and suffering is the part of a claim that pays for the injury itself rather than the bills. Lawyers call it non-economic damages or general damages. It includes physical pain, emotional distress, loss of enjoyment of life, anxiety, sleep problems and inconvenience.
Because none of that comes with a receipt, it is the part of a settlement people argue about most. Insurers and lawyers use rough methods to translate it into dollars so they have something to negotiate over.
The multiplier method
Take your injury-related economic losses: medical bills, future treatment your doctor has recommended, lost income and other out-of-pocket costs. Multiply them by a number that reflects how serious the injury was.
| Injury | Typical multiplier |
|---|---|
| Minor: soft tissue, recovered within weeks | 1.5 to 2 |
| Moderate: months of treatment such as physical therapy or injections | 2 to 3 |
| Serious: fractures, surgery or a long recovery | 3 to 4 |
| Severe: permanent impairment or a life-changing injury | 4 to 5 |
Example. Maria has $8,000 in medical bills and $4,000 in lost wages after a car accident, with four months of physical therapy. Her injury-related losses are $12,000. At a moderate multiplier of 2 to 3, pain and suffering comes to $24,000 to $36,000, and her total claim before any reduction for fault is $36,000 to $48,000.
Vehicle damage is not multiplied. Pain and suffering flows from the injury, not from the repair bill.
The per diem method
Per diem means "per day". You choose a daily amount and multiply it by the number of days from the accident until you reached maximum medical improvement, meaning the point where your doctor does not expect you to get any better.
The daily rate needs a reason behind it. A common choice is your daily earnings, on the argument that living with the injury was at least as hard as a day at work.
Example. James earns about $200 a day. His broken wrist took 120 days to heal. At $200 a day, pain and suffering comes to $24,000.
Per diem works best for injuries with a clear end date. For a permanent injury it breaks down, because the number of days runs to the end of your life and the result quickly becomes unrealistic.
Why the two methods give different answers
In Maria's example the multiplier gives $24,000 to $36,000. If she used per diem at $150 a day for 120 days she would get $18,000. Neither is "right". Presenting both, and explaining which fits your injury better, is a sensible way to open a negotiation. Our pain and suffering calculator shows both side by side.
Calculator
Compare the multiplier and per diem methods
Compares the multiplier and per diem methods.
What pushes the number up or down
Adjusters look for evidence. Things that tend to support a higher figure:
- consistent medical treatment from soon after the accident until you were discharged
- a doctor's note describing lasting effects, restrictions or a future risk such as arthritis
- objective findings on imaging, such as a fracture or a herniated disc
- a clear account of daily life: missed events, help needed at home, sleep, work
- photos of visible injuries and a short journal kept during recovery
Things that tend to pull it down:
- a gap of weeks between the accident and your first treatment, or gaps during treatment
- a similar injury or condition before the accident
- stopping treatment early against medical advice
- social media posts that seem to contradict what you are claiming
Insurance software and the multiplier myth
Many large insurers use claim-evaluation software that scores an injury from the diagnosis and treatment codes in your medical records. That is one reason detailed, accurate records matter so much. It also means the insurer is not literally applying a multiplier: the multiplier is a way for you to sense-check whether an offer is in a reasonable range.
Limits on pain and suffering
Your share of fault reduces pain and suffering along with everything else. Depending on your state, being partly at fault may reduce your recovery or bar it completely; see our comparative negligence guide.
Some states also cap non-economic damages, mostly in medical malpractice cases and claims against government bodies. Ordinary car accident and slip-and-fall claims are usually not capped, but a local attorney can confirm the rule for your case.
Is pain and suffering taxed?
Generally not, when it comes from a physical injury. Punitive damages and interest are taxable. Our article on whether injury settlements are taxable covers the details.