The method
How pain and suffering is calculated
Two accepted methods; the calculator runs both. Documentation pushes the figure toward the higher end.
Multiplier method
Total economic damages × a number from 1.5 to 5, based on severity.
Per-diem method
A daily dollar amount (often your daily wage) × recovery days.
What raises it
Permanence, long recovery, impact on work and daily life, scarring.
What lowers it
Treatment gaps, pre-existing conditions, weak documentation.
Fault still applies
Your share of fault reduces non-economic damages too.
Adjust for your state
Your state changes the result
Pain and suffering is reduced by your share of fault, and the state rule decides by how much. Pure comparative trims it by your %; modified states bar recovery at 50–51%; contributory states can bar it entirely.
Recover even if mostly at fault; your award is cut by your %. e.g. California, Florida, New York.
No recovery if you are 50% or more at fault. e.g. Colorado, Georgia, Tennessee.
No recovery if you are 51% or more at fault. e.g. Texas, Illinois, Pennsylvania.
Any fault at all can bar recovery. Only AL, MD, NC, VA & DC.
See the state-specific calculator and average data:
Dynamic zone — programmatic state variants are generated from this block (state name, rule, average data, links).
Questions
Pain and suffering FAQ
With the multiplier method (economic damages × 1.5–5) or the per-diem method (daily rate × recovery days). This tool shows both.
It varies — the multiplier usually wins for severe, long-lasting injuries; the per-diem can win for shorter recoveries on higher daily rates.
Non-economic damages tied to a physical injury are often non-taxable, but rules vary — confirm with a tax professional.
Yes, but insurers discount it heavily; a documented, well-argued figure (or an attorney) typically recovers more.
Medical records, a pain journal, photos, and testimony about how the injury changed your daily life.
Get your personalized estimate
Run the numbers for your own case in under a minute — no contact details, no obligation, just an honest range.
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