A daily rate for suffering, multiplied by the number of days it lasted.
Rough estimate only. Not legal advice - consult an attorney.
We set a daily rate - either your custom figure or your annual income divided by roughly 260 working days - and multiply by your recovery days for the per-diem pain & suffering estimate.
| Input | Default used in this tool |
|---|---|
| Working days per year (divisor) | 260 |
| Default custom daily rate | $200 |
| Default recovery days | 120 |
Check out the rest of our pain and suffering and total compensation calculators.
The per-diem method assigns a daily dollar value to your pain and multiplies it by the number of recovery days. A common way to set the rate is to tie it to your own earnings: the reasoning is that a day of managing an injury is at least as taxing as a day at work. Divide your annual income by about 260 working days and you have a figure with a logical basis that is straightforward to explain.
This method works best when recovery has a clear arc and a defined end date. A broken leg that heals in four months is a good candidate. For permanent injuries with no finish line in sight, the multiplier method is generally easier to apply and less vulnerable to challenge. Compare both approaches on the combined calculator.
Because it gives the number a logical, defensible basis instead of an arbitrary figure. The reasoning is that a day spent managing an injury is worth at least as much as a day at work, and that argument is easier to make when the math is transparent.
Yes, a custom daily rate is allowed and sometimes makes sense, particularly if your income does not reflect your actual earning capacity. Be ready to explain how you arrived at the figure, since an unexplained custom number is the easiest part of a demand to challenge.
Any day between the injury and the point your treating physician considers you at maximum medical improvement, meaning your condition has stabilized. Days spent in active treatment, physical therapy, and dealing with ongoing symptoms all count.
Not well. Without a defined end date, there is no natural number of days to multiply against. The multiplier method is generally the better fit once an injury is expected to be permanent or open-ended.