How Is Pain and Suffering Calculated?

Pain and suffering is compensation for the physical pain and emotional distress caused by an injury (Cornell LII). Unlike medical bills, it has no receipt, which is why it is the most negotiated part of most injury claims.

What it covers

• Physical pain, now and in the future
• Emotional distress, anxiety, sleep problems
• Loss of enjoyment of life: hobbies, sports, time with family
• Scarring and disfigurement
• Inconvenience and loss of independence

Method 1: The multiplier

The insurer or lawyer adds up economic damages, mainly medical bills, and multiplies them by a number, often described as ranging from about 1.5 for minor injuries to much higher for severe, permanent ones. Factors that push the multiplier up:

• Fractures, surgery or permanent impairment
• Long recovery or lasting pain
• Visible scarring
• Clear fault by the other party

It is a negotiating shortcut, not a legal rule.

Method 2: Per diem

A daily rate, often tied to the injured person's daily earnings, is multiplied by the number of days from injury until recovery or maximum medical improvement. It works better for injuries with a clear recovery date.

What juries actually use

At trial there is no formula. Jurors are told to award a reasonable amount based on the evidence. Some states do not allow lawyers to suggest a per diem figure to the jury.

Evidence that supports pain and suffering

• Consistent medical records describing pain levels and limits
• A daily journal: pain, sleep, missed events, help needed with tasks
• Photos of injuries and recovery
• Statements from family, friends or coworkers about changes in your life
• Records of counseling for anxiety or post-traumatic stress
• Prescriptions and therapy attendance

Caps and limits

Some states cap non-economic damages, most often in medical malpractice cases and sometimes in claims against government entities. In no-fault auto states, you may be able to claim pain and suffering only if your injury meets a severity or cost threshold. Your share of fault also reduces the award under comparative negligence.

Taxes

Damages for physical injuries are generally not taxable under federal law, while purely emotional-distress awards without physical injury can be. Ask a tax professional about your settlement.

For an overall picture of claim value, see how much a personal injury claim is worth. A personal injury lawyer can explain what similar injuries have recovered in your area.

Sources

1. Cornell Law School LII: Pain and suffering
2. Cornell Law School LII: Mental suffering
3. Cornell Law School LII: Compensatory damages