Pain and suffering calculator

The two methods

Multiplier: pain and suffering = medical bills × a number from about 1.5 to 5. It is quick, ties the value to documented treatment, and is what most adjusters reach for first.

Per diem: pain and suffering = a daily rate × days from the accident until you recovered or reached maximum medical improvement. It suits injuries with modest bills but a long, painful recovery.

Neither is binding. They give you a defensible opening figure and a way to test an insurer's offer.

Choosing a multiplier

Push toward the high end for things a jury would feel strongly about: a permanent limp or scar, surgery, a long time off work, an injury that ended a hobby or sport, or a clearly reckless driver such as a drunk driver. Gaps in treatment, a slow return to the doctor and preexisting conditions push it down.

Per diem rate

The daily rate is usually your daily earnings before taxes: yearly pay divided by 260 workdays. Count calendar days, not workdays, from the accident to the date your doctor released you or said you reached maximum improvement. For a permanent injury the per diem method stops working, because there is no end date; use the multiplier.

Worked example

A neck and shoulder injury needs four months of physical therapy, with $9,000 in medical bills. The injured person earns $52,000 a year.

• Multiplier method at 2.5 (moderate injury): $9,000 × 2.5 = $22,500
• Per diem method: $52,000 ÷ 260 = $200 a day × 120 days = $24,000

The two methods land close together, which makes $22,500 to $24,000 a reasonable range to negotiate from.

What the law says

Courts do not use a formula. Jury instructions describe noneconomic damages and leave the amount to the jury's judgment, for example:

• California: jurors are told that no fixed standard exists for these damages and that they must use their judgment to decide a reasonable amount based on the evidence and common sense. (CACI No. 3905A (2026 edition))
• Florida: there is no exact standard for measuring pain and suffering, disability, mental anguish and loss of enjoyment of life; the amount should be fair and just in light of the evidence. (Fla. Std. Jury Instr. (Civ.) 501.2)
• New Jersey: the law provides no table, schedule or formula for measuring pain and suffering in money; the amount is left to the jury. A separate court rule lets lawyers suggest a per day (time-unit) calculation as argument only. (Model Civil Jury Charge 8.11E; N.J. Court Rule 1:7-1(b))

State caps

These states limit noneconomic damages in ordinary personal injury cases. The calculator warns you when one applies.

• Alaska: Greater of $400,000 or $8,000 x injured person's life expectancy in years; for severe permanent physical impairment or severe disfigurement, greater of $1,000,000 or $25,000 x life expectancy (AS 09.17.010)
• Colorado: $1,500,000 for civil actions filed in 2025 or claims accruing on or after Jan 1, 2025 (excludes medical malpractice and wrongful death, which have separate caps), to be inflation-adjusted Jan 1, 2028 and every 2 years. Earlier claims: $250,000 (court may raise to $500,000 on clear and convincing evidence), CPI-adjusted; for claims accruing Jan 1, 2024 to Dec 31, 2024 the adjusted figure is $729,790 (max $1,459,600).
• Idaho: Base cap of $250,000 (2003), adjusted every July 1 by the change in the state average annual wage. It does not apply to willful or reckless misconduct or to acts found beyond a reasonable doubt to be a felony.
• Maryland: Cap applies to all personal injury and wrongful death actions: $500,000 for causes of action arising on or after Oct 1, 1994, increasing $15,000 every Oct 1 ($965,000 for causes arising Oct 1, 2025 to Sep 30, 2026; $980,000 from Oct 1, 2026). Wrongful death with 2+ beneficiaries: 150% of the cap.
• Mississippi: $1,000,000 cap on noneconomic damages in civil actions filed on or after Sept 1, 2004, other than medical malpractice (med mal cap $500,000).
• Ohio: Greater of $250,000 or 3 times economic loss, up to a maximum of $350,000 per plaintiff or $500,000 per occurrence. No cap for catastrophic injuries: permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or permanent physical functional injury preventing independent self-care
• Oklahoma: $500,000 per plaintiff for bodily injury claims (injuries on or after Sept 1, 2025); $1,000,000 for permanent mental injury that severely impairs employment or living standard; no cap for permanent and severe physical injury (substantial disfigurement, loss of use of a limb, loss or impairment of a major organ or system, or inability to care for self), or where the defendant was reckless, grossly negligent, fraudulent, or intentional/malicious
• Tennessee: $750,000 per injured plaintiff for all injuries and occurrences; $1,000,000 for catastrophic loss or injury (e.g. paraplegia, quadriplegia, amputations, serious burns, wrongful death of a parent leaving a minor child); no cap where the defendant had specific intent to inflict serious injury, was intoxicated, or committed a felony causing the injury