Workman Car Accident & Personal Injury Lawyers | July 14, 2025 | Personal Injury
After a car crash, slip-and-fall, or other injury, you may recover economic damages like medical bills and lost wages, but what about the more intangible impact? That’s where pain and suffering damages come in. These non-economic damages offer financial compensation for the physical, emotional, and psychological harm you have suffered.
But how do courts and insurers turn these subjective losses into a dollar amount? Here’s a breakdown of the two most common methods and what factors affect the potential value of your pain and suffering.
Two Main Methods of Calculating Pain and Suffering
There are two broad methods that may be used to calculate the value of pain and suffering. Both can be used to reach a value to start negotiations.
Multiplier Method
The most widely used approach is the multiplier method. You start by adding up all special damages, or the financial losses like out-of-pocket expenses and lost earnings. The total is multiplied by a factor, or multiplier, that reflects your injury’s severity.
The multiplier is usually 1.5 to five, but may be higher for permanent, catastrophic injuries.
- Lower multipliers (1–2): Somewhat minor injuries
- Medium multipliers (2–3): Moderate injuries with significant pain, a lengthy recovery, and/or some lasting effects
- High multipliers (3–5+): Severe, long-lasting, or permanent injuries
For example, if your medical bills, property damage, and lost wages totaled $25,000, a multiplier of two would result in $50,000 in pain and suffering.
Per Diem/Daily Rate Method
The second method that may be used is the per diem or daily rate method. This method attaches a daily dollar amount to your suffering and multiplies it by the number of days until you recover or reach maximum medical improvement.
The daily rate is often based on your average income, or a flat figure like $100 to $350 per day. This method is most appropriate when injuries are not severe or long-lasting.
Why Is There No Set Formula for Pain and Suffering?
There is no standardized formula to calculate pain and suffering. Insurers and lawyers may use one of the methods above as a starting point, but both methods have limitations. The multiplier method, for example, bases pain and suffering on financial losses. With some injuries, there may be significant pain, disfigurement, and distress with relatively limited economic damages.
A common example is a child’s dog bite injury. Even with reconstructive surgery, the financial impact is small compared to the impact on a child’s entire life, especially if they are left with facial disfigurement.
What Factors Affect the Value of Pain and Suffering?
Many factors may be considered to determine a fair amount for pain and suffering:
- Severity of injury
- Recovery time
- Impact on daily life, relationships, hobbies, and work
- Mental health effects, such as PTSD or depression
- Age and health before the accident
- Physical impairment or disability
- Reduced capacity to enjoy life
You will need evidence to support the physical, psychological, and emotional pain and anguish you have experienced. This may include medical records, a daily journal during recovery, and expert testimony about the effects of your injury.
Florida’s Standard Jury Instructions state that there is no standard to measure these damages, but damages should be “fair and just in light of the evidence.” Jurors must use their judgment to determine a reasonable and fair value. They may consider the nature and extent of your injury, how it affects your life, and how long the suffering will likely continue.
Damages May Be Limited
Some factors may limit the amount you can recover for pain and suffering. For example, Florida’s comparative fault rule reduces your damages in proportion to your share of blame. If you are more than half at fault for your accident, you cannot recover any damages.
The at-fault party’s insurance coverage and assets may also limit what you can receive. Insurance will not pay beyond the policy limits. If the at-fault party was uninsured, you can pursue their personal assets in a lawsuit. However, they may have few assets that can be seized or garnished to pay for your losses.
Whether you’re negotiating a settlement or heading to court, understanding how these damages are calculated helps you set realistic expectations and document the losses you have suffered.
Contact the Personal Injury Law Firm of Workman Car Accident & Personal Injury Lawyers Today For Help
For more information, please contact an experienced personal injury lawyer at Workman Car Accident & Personal Injury Lawyers for a free consultation.
We proudly serve Fort Lauderdale, Clermont, and its surrounding areas:
Workman Car Accident & Personal Injury Lawyers
633 S Andrews Ave Ste 401, Fort Lauderdale, FL 33301
(954) 361-3997
Workman Car Accident & Personal Injury Lawyers
1655 E Hwy 50 ste 316, Clermont, FL 34711
(352) 77-33866