Understanding Pain and Suffering Damages: Calculation Methods for PI Cases

In most personal injury cases, pain and suffering damages exceed medical specials. A $50,000 medical bill case can yield $150,000 or more in non-economic damages—if you know how to calculate and document them properly.

Yet many attorneys undervalue this category, leaving significant money on the table. This guide covers the calculation methods, factors that drive value, and documentation strategies that maximize pain and suffering awards.

What Are Pain and Suffering Damages?

Pain and suffering falls under "general damages" or "non-economic damages"—compensation for losses that don't have a specific dollar amount attached.

Unlike medical bills or lost wages, pain and suffering can't be calculated from a receipt. It requires translating human experience into a dollar figure that adjusters, juries, and judges will accept as reasonable.

Pain and suffering encompasses:

• Physical pain from the injury and treatment
• Emotional and psychological distress
• Loss of enjoyment of life
• Permanent limitations and disabilities
• Disfigurement and scarring

The challenge: How do you put a number on suffering?

Types of Non-Economic Damages

Before calculating, understand what you're calculating. Non-economic damages include several distinct categories:

Physical Pain and Suffering

The most straightforward category—actual physical pain from:

• The initial injury
• Medical procedures (surgeries, injections, therapy)
• Chronic pain conditions
• Recovery and rehabilitation

Documentation sources: Medical records noting pain levels, medication prescriptions, patient-reported outcomes

Emotional Distress

Psychological impact of the injury and its aftermath:

• Anxiety about recovery or future accidents
• Depression from limitations
• PTSD from traumatic incidents
• Fear and worry about the future
• Frustration with the recovery process

Documentation sources: Mental health treatment records, therapist notes, psychiatric evaluations

Loss of Enjoyment of Life

Activities and experiences the plaintiff can no longer enjoy:

• Hobbies and recreational activities
• Social activities and relationships
• Travel and vacations
• Physical activities (sports, exercise, gardening)
• Family activities (playing with children, attending events)

Documentation sources: Client statements, witness declarations, before/after comparisons

Loss of Consortium

Impact on spousal and family relationships:

• Loss of companionship
• Loss of affection and intimacy
• Impaired ability to parent
• Strain on family dynamics

Documentation sources: Spouse declarations, family testimony

Disfigurement and Scarring

Visible, permanent changes to appearance:

• Surgical scars
• Burn marks
• Amputations
• Facial injuries

Documentation sources: Photographs, medical records, plastic surgery consultations

Calculation Methods

Three primary methods exist for calculating pain and suffering. Most attorneys use one or combine them based on case specifics.

Method 1: The Multiplier Method

The most common approach. Multiply total medical specials by a factor based on case severity.

Formula:

Pain and Suffering = Medical Specials × Multiplier

Typical multiplier ranges:

Factors that increase the multiplier:

• Clear liability with no comparative fault
• Objective medical evidence (imaging, surgery)
• Permanent impairment or disability
• Significant impact on daily activities
• Egregious defendant conduct
• Sympathetic plaintiff
• Plaintiff-friendly venue

Factors that decrease the multiplier:

• Disputed liability or comparative fault
• Minimal objective findings
• Short treatment duration
• Quick recovery
• Pre-existing conditions
• Treatment gaps
• Inconsistent complaints

When to use: Works well for most cases. Easy to explain to clients and adjusters. Provides a logical starting point for negotiation.

Method 2: The Per Diem Method

Assign a daily rate to suffering and multiply by the number of days affected.

Formula:

Pain and Suffering = Daily Rate × Days of Suffering

Setting the daily rate:

Common approaches include:

• Wage-based: Use the plaintiff's daily earnings. "If they earn $200/day working, isn't their suffering worth at least that much?"
• Fixed amount: $100-$500 per day depending on severity
• Activity-based: Cost of a day doing something the plaintiff can no longer enjoy

Example calculation:

When to use: Particularly effective for:

• Cases with long recovery periods
• Permanent injuries with ongoing suffering
• Explaining damages to juries (concrete daily concept)

Challenges:

• Harder to justify the daily rate
• Can produce very large numbers for permanent injuries
• Some jurisdictions view it skeptically

Method 3: Hybrid Approaches

Combine methods or use verdict/settlement data for benchmarking.

Multiplier + Per Diem:

• Use multiplier for acute recovery phase
• Add per diem calculation for permanent limitations

Verdict Research:

• Research comparable verdicts and settlements in your jurisdiction
• Use data to support your valuation
• Particularly persuasive when you can cite specific cases

Bracketing:

• Present a range rather than single number
• "Cases with similar injuries in this county have settled between $150,000 and $300,000"

Factors That Increase Pain and Suffering Awards

Certain case characteristics consistently drive higher valuations:

Objective Medical Evidence

Objective findings trump subjective complaints. An MRI showing disc herniation is worth more than a patient saying "my back hurts."

Duration and Consistency

• Longer treatment generally means more pain and suffering
• Consistent complaints throughout medical records strengthen the claim
• Progressive worsening can increase value if documented

Impact on Daily Life

The more specific the limitations, the more compelling the claim:

Weak: "Patient reports difficulty with daily activities"

Strong: "Patient can no longer lift her 3-year-old daughter, has stopped coaching youth soccer, and requires assistance with household tasks including laundry and grocery shopping"

Permanence

Permanent injuries command premium valuations:

• Ongoing pain requiring lifetime medication
• Permanent work restrictions
• Inability to return to previous occupation
• Permanent scarring or disfigurement

Plaintiff Characteristics

While legally irrelevant, these factors influence real-world valuations:

• Age (younger plaintiffs have more years of suffering)
• Occupation (physical jobs affected more than desk jobs)
• Pre-injury activity level (active lifestyle means more loss)
• Family situation (impact on dependents)

Factors That Reduce Awards

Know what works against you:

Treatment Gaps

Gaps allow adjusters to argue: "If they were really suffering, they would have sought treatment."

Inconsistencies

• Social media showing activities plaintiff claims they can't do
• Medical records with conflicting pain reports
• Surveillance contradicting claimed limitations

Pre-Existing Conditions

Prior injuries to the same body part reduce value unless you can prove aggravation with clear before/after distinction.

Minimal Objective Findings

"Soft tissue injury" with normal imaging faces an uphill battle for significant non-economic damages.

Documenting Pain and Suffering

Calculation methods mean nothing without documentation to support them.

Client Pain Journals

Have clients document daily:

• Pain levels (1-10 scale)
• Activities they couldn't perform
• Medications taken
• Sleep disruption
• Emotional state

Witness Declarations

Statements from people who observe the plaintiff's suffering:

• Spouse describing daily limitations
• Coworkers noting changed capabilities
• Friends describing social withdrawal

Day-in-the-Life Documentation

For serious cases, document a typical day:

• Morning routine challenges
• Work limitations
• Evening struggles
• What they used to do vs. what they can do now

Medical Record Consistency

Ensure complaints are consistently documented at every medical visit. A single ER mention of "back pain" followed by no further complaints kills your non-economic claim.

Mental Health Treatment

If there's psychological impact, get it documented:

• Referral to therapist or psychiatrist
• Formal diagnosis (anxiety, depression, PTSD)
• Treatment notes documenting symptoms

Presenting Pain and Suffering in Demands

How you present non-economic damages matters as much as the calculation.

Show Your Work

Don't just state a number. Explain how you arrived at it:

"Using a conservative multiplier of 3x on $47,832 in medical specials yields $143,496 in pain and suffering damages. This multiplier is appropriate given:

• Confirmed disc herniation requiring surgical consultation
• Six months of continuous treatment
• Permanent lifting restrictions
• Documented impact on family activities"

Use Specific Examples

Generic suffering is forgettable. Specific examples stick:

Address Weaknesses

If there are treatment gaps or pre-existing conditions, address them:

"The 4-week gap in treatment between May and June 2024 resulted from plaintiff's employer denying additional time off work, not from any improvement in symptoms. Medical records from June 15th confirm ongoing complaints consistent with prior visits."

Common Mistakes

1. Undervaluing Non-Economic Damages

Attorneys often calculate specials meticulously then lowball generals. Pain and suffering frequently exceeds medical bills—don't leave money on the table.

2. Failing to Document

Without documentation, your calculation is just a number you invented. Every claim needs supporting evidence.

3. Ignoring Permanent Effects

Future suffering often exceeds past suffering. A 35-year-old with permanent limitations has decades of loss ahead.

4. Using Only One Method

Different methods may yield different results. Present the most favorable approach, but know how others would calculate it.

5. Forgetting Emotional Damages

Physical pain is obvious. Emotional distress often gets overlooked but can be equally significant.

Jurisdiction Matters

Pain and suffering calculations vary by location:

• Caps: Some states cap non-economic damages
• Venue tendencies: Urban juries often award more than rural
• Comparative fault: Impacts total recovery
• Precedent: Local verdict data influences expectations

Research your jurisdiction before setting expectations.

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