Published July 2, 2026 · Updated July 2, 2026
LegalClaimCalc's calculators value pain and suffering with a severity multiplier of 1.5x to 5x medical bills, or a per-diem rate typically set from income divided by 260 working days; both are negotiating conventions, not legal standards, and every state fixes its own rule for reducing a claim by the claimant's share of fault. This page documents those constants in one place, with the methodology behind each and a downloadable CSV.
Severity-multiplier bands (this calculator's convention)
| Severity tier | Multiplier | Typical scenario |
|---|---|---|
| Minor | 1.5× | Soft-tissue injury, full recovery in a few weeks |
| Mild | 2× | Soft-tissue injury, several weeks of treatment, no lasting limitation |
| Moderate | 3× | Months of treatment, some documented functional limitation |
| Serious | 4× | Surgery or a significant injury with extended recovery |
| Severe / permanent | 5× | Permanent impairment, scarring, or lasting disability |
Per-diem rate convention
| Basis | Value | Notes |
|---|---|---|
| Custom daily rate | $200/day default | Editable starting value in the per-diem calculator |
| Income-based rate | Annual income ÷ 260 | 260 working days is the convention this calculator uses |
Comparative and contributory negligence, by state rule type
How your fault percentage reduces (or bars) recovery depends entirely on the state. Verified against Justia's 50-state negligence survey, accessed July 2, 2026:
| Rule type | Effect | States |
|---|---|---|
| Pure contributory | Any fault bars recovery | Alabama, Maryland, North Carolina, Virginia, Washington D.C. (general rule) |
| Pure comparative | Recovery reduced by fault %, no bar | Alaska, Arizona, California, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, Washington |
| Modified - 50% bar | Barred if fault ≥ 50% | Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, Utah |
| Modified - 51% bar | Barred if fault > 50% | Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, Wisconsin, Wyoming |
Download the full table as CSV
Methodology
The severity-multiplier and per-diem figures are LegalClaimCalc's own calculator constants, not a government or industry average - they reflect a widely used negotiating convention in personal injury practice, and we present them that way rather than as claimed statistics. They are reviewed for internal consistency each time the calculators change. The fault-rule table is compiled from Justia's 50-state comparative and contributory negligence survey (accessed July 2, 2026); state legislatures amend these rules periodically, so always confirm the current rule for your state with a licensed attorney before relying on it.
This page updates whenever the underlying calculator constants or the cited state-rule survey change. Last verified: July 2, 2026.
Priya Raman tracks how legal and regulatory rules actually get applied, translating statute and procedure into plain language without losing the details that matter.