When someone carelessly, recklessly or intentionally injures another person, the victim has the right to seek financial compensation (also known as damages) from the at-fault party to be made whole again. The civil justice system allows for the recovery of damages for intangible losses, such as pain and suffering, in addition to the victim’s financial losses.
Unlike economic damages, however, pain and suffering do not come with a specific dollar amount. Therefore, calculating them for the purposes of assigning the value of a settlement or jury verdict looks different. Understanding the evaluation process can give you a more accurate idea of how much your personal injury claim may be worth. These questions often come up when speaking with a personal injury attorney in Albuquerque, who can explain how pain and suffering are assessed in real cases.
Common Calculation Methods Used
The nature of non-economic damages makes them subjective, with no specific rules or requirements when it comes to how they are calculated. Insurance companies often use their own methods for evaluating pain and suffering.
In a court case, jurors can also use their own opinions and independent processes for determining a fair amount for the plaintiff’s non-economic or “invisible” losses. However, many juries choose to use one of two common pain and suffering calculation methods.
The Multiplier Method
Most frequently used is the Multiplier Method. It is especially common in cases involving catastrophic injuries that will affect the victim for the rest of his or her life.
The Multiplier Method multiplies the plaintiff’s total amount of assigned economic damages by a number between 1.5 and 5 that best reflects the severity of the victim’s injuries. A permanent injury, such as a spinal injury, may receive a multiplier of 5, for example, while a minor injury with a shorter recovery time may receive a 1 or 1.5.
Using the Multiplier Method, the pain and suffering damages awarded to a plaintiff would total $500,000 if the economic damage award was $200,000 and the individual was given a multiplier of 2.5 for a mild to moderate injury.
The Per Diem Method
The other commonly used equation, the Per Diem Method, is more likely in a case involving short-term or temporary injuries with an estimated timeframe of how long the individual will experience pain and suffering related to the injury.
In the Per Diem Method, a daily value is assigned to quantify the individual’s pain and suffering. The amount used is often similar to the victim’s average daily wage. This value is then multiplied by the number of days the individual is likely to experience physical pain or emotional trauma from the incident.
For example, if an injury will likely cause pain and suffering for a period of six months or 182 days, and a per diem value of $320 is assigned per day, the plaintiff’s non-economic damages would equal $58,240.
Breaking Down Pain and Suffering Damages
“Pain and suffering” is a collective term used to describe a wide range of intangible effects experienced by an individual due to a harmful accident or serious injury. Achieving a fair value in non-economic damages requires an understanding of everything included in this calculation.
Pain and suffering may include:
- Physical pain (short-term or long-term)
- Emotional distress or suffering
- Mental and psychological anguish
- Depression
- Anxiety
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Loss of independence
- Permanent disability or disfigurement
- Loss of consortium
An accident can affect a victim in immeasurable ways, but it is an insurance company’s or jury’s job to measure these intangible losses. Identifying exactly how the incident has impacted you can allow you to create a comprehensive list of your losses.
What Factors Affect Pain and Suffering Damage Values?
Pain and suffering is a personal and intangible losses that, while very real for the victim, can be difficult to quantify for monetary purposes. Since amounts from medical bills or property damage estimates cannot portray a victim’s trauma, non-economic damages are instead valued based on how gravely the individual was injured and the related impacts on the victim’s life.
Various factors can influence the amount of financial compensation assigned for these general damages, including:
- The severity or nature of the victim’s injuries
- The expected length of recovery time
- Whether the victim will suffer long-term or permanent disability or disfigurement
- The victim’s quality or enjoyment of life before vs. after the accident
- Impacts on the victim’s ability to spend quality time with family members
- The level of emotional distress experienced, including anxiety or grief
An insurance company or jury should take these factors, among others, into account when evaluating a pain and suffering damage award. Overall, however, a judge or jury ultimately has the power to decide the value of non-economic damages based on the evidence presented.
Does New Mexico Cap Pain and Suffering Damages?
Currently, New Mexico does not have a state cap or maximum on pain and suffering damages for the majority of personal injury claims. However, medical malpractice claims in New Mexico have a cap of $750,000 for cases against independent physicians and $6 million for cases against hospitals as of 2026.
These limits apply to all types of medical malpractice damages except past and future related medical care and punitive damages. Claims against government agencies also have a total damage cap (economic plus non-economic damages) of $700,000 per incident in New Mexico.
How Can You Maximize Your Recovery for Pain and Suffering?
Always seek immediate treatment after an accident to get proof of your physical injuries. If you start to experience signs of emotional or psychological trauma, get care from a mental health provider. Keep an injury or pain journal where you document how you’re feeling day to day, including your emotional struggles. Avoid posting on social media, as an insurance company could use your content to refute a claim of pain and suffering.
The importance of compelling storytelling cannot be understated when it comes to maximizing a pain and suffering damage award. Juries assign values based on their impression of how severe the victim’s injuries and losses are. Hiring an experienced personal injury lawyer in New Mexico can help you achieve the case results you deserve for significant injuries.
A lawyer can clearly demonstrate the harm you have suffered using strong evidence, including hiring medical experts for testimony. The ability of your personal injury lawyer to paint a picture of how the accident impacted your life and what you have lost because of the defendant’s negligence can make a major impact on your financial recovery. Contact us today at (505) 889-3463 to schedule a free consultation.