How Is Pain & Suffering Calculated?

Calculating Pain & Suffering in Personal Injury Claims

When someone is seriously injured in an accident—or loses a loved one because of someone else’s negligence—the consequences go far beyond medical bills and lost income. There’s the trauma, the grief, the daily pain, the sleepless nights, and the overwhelming loss of normalcy. These things are just as real as financial losses.

That’s why personal injury claims often include compensation for pain and suffering, a category of non-economic damages that aims to account for the physical and emotional toll of what you've been through. But how do you put a dollar amount on something so personal and so subjective? How is pain and suffering actually calculated?

What Does “Pain & Suffering” Include?

Before discussing how it's calculated, it’s important to understand what “pain and suffering” covers. It’s more than just physical pain. It includes the full range of physical and emotional distress caused by an injury.

“Pain and suffering” might include:

Chronic pain or discomfort

Limited mobility or loss of function

Disfigurement or scarring

Anxiety, depression, or PTSD

Loss of enjoyment of life

Emotional trauma

Sleep disturbances

Strain on relationships or family life

In the most serious cases, the pain and suffering is not only life-altering but also, in many cases, lifelong. That’s why it’s a critical part of any serious personal injury or wrongful death claim.

Common Methods for Calculating Pain & Suffering

There is no exact formula written into law for calculating pain and suffering damages. Unlike a medical bill or a paycheck, you can’t point to a receipt or a number on a statement. Instead, insurance companies, attorneys, and courts look at several factors and, sometimes, use standard methods to guide the calculation.

1. The Multiplier Method

One of the most common ways to estimate pain and suffering is the multiplier method. This involves multiplying the injured person’s economic damages, like medical bills and lost wages, by a number (usually between 1.5 and 5, but sometimes more). The more serious and long-lasting the injury, the higher the multiplier.

For example:

If someone has $100,000 in medical expenses and lost wages, and the multiplier is 3, the pain and suffering damages might be calculated at $300,000.

The multiplier is based on factors like:

The severity of the injury
The length of the recovery
Permanent effects or disabilities
The degree of any emotional trauma
The injury’s impact on daily life

2. The Per Diem Method

Another method used is the “per diem” (per day) approach. This assigns a dollar amount to each day a person experiences pain and suffering, from the date of the injury to the date they reach maximum recovery.

For instance:

If $200 is assigned per day, and the recovery period is 180 days, the pain and suffering amount would be $36,000.

This method is relatively more common in cases involving a clear recovery period and less permanent damage. However, no method is guaranteed or standard in any given case. Courts may even award these damages subjectively.

Other Factors That Affect Pain & Suffering Damages

In practice, calculating pain and suffering is far more nuanced. Whether you're negotiating with an insurance adjuster or presenting your case in front of a jury, certain factors will heavily influence the value.

Some of these include:

Type of Injury: A broken bone, traumatic brain injury, or spinal cord damage will have vastly different consequences.
Length of Recovery: A longer or more painful recovery typically results in higher compensation (though not always).
Permanent Impairment: Damages for lifelong disability, disfigurement, or chronic pain can be substantial.
Impact on Daily Life: Severe injuries can impact hobbies, work, and relationships, affecting daily life.
Psychological Impact: Anxiety, depression, flashbacks, and other emotional consequences are all considered.
Credibility and Documentation: A well-documented claim that includes medical records, journal entries, and medical testimony usually carries more weight for fair pain and suffering damages.

Insurance Companies Often Undervalue Pain & Suffering

One of the most important things to understand is this: insurance companies don’t want to pay fair compensation for pain and suffering. They often use proprietary software and internal guidelines to reduce payouts, especially for non-economic damages that are harder to quantify, like pain and suffering.

That’s where experienced trial lawyers come in.

At Arnold & Itkin, we know what it takes to build strong, evidence-backed arguments that illustrate the full extent of what our clients have endured. We’ve seen firsthand how the system tries to minimize what people have lost, and we know how to fight back.

We’ve recovered billions of dollars for people who were facing the worst moments of their lives. We’ve stood up to some of the largest corporations and insurance carriers in the world, and we’ve helped families across the country get the answers and justice they deserve.

You Deserve to Be Fully Compensated

If you’re dealing with the aftermath of a life-changing injury—or mourning the loss of someone you love—you’re probably wondering how to make sense of it all. You deserve answers. You deserve justice. And you deserve to be fully compensated, not just for your financial losses, but for the physical and emotional pain you've been forced to endure.

At Arnold & Itkin, we’re here to help. We’ll take the time to listen to your story, explain your rights, and fight for every dollar you’re owed. You deserve full and fair compensation for the physical pain, emotional trauma, and lost quality of life you have suffered. Let our team fight for you and the justice you are owed.

Reach out today for a free consultation: (888) 493-1629