When you’re injured in an accident, the impact goes far beyond medical bills, rehabilitation costs, and lost wages. Often, the most lasting impact is the pain you feel every day or the joy you lose from not being able to live your life the same way. These types of losses are called non-economic damages. Pain and suffering is the term most people know, and it is often the largest, yet most contested category of damages.
Because pain is personal and suffering is subjective, quantifying pain and suffering in a personal injury case can be challenging. Insurers look for ways to minimize what cannot be measured with receipts, while courts require solid evidence as justification for any amount requested. That’s why working with a personal injury attorney who understands the legal and technical side of damage calculation is so important.
Let our qualified personal injury attorney in Michigan explain how pain and suffering damages are calculated to help you determine how much compensation you’re entitled to receive.
Understanding the Methods for Calculating Pain and Suffering
In Michigan, no statute sets a single formula for non-economic damages. Instead, courts and insurance adjusters rely on time-tested approaches that give structure to an otherwise subjective valuation.
The Multiplier Method
With the multiplier method, you total your economic losses, including medical expenses, lost income, and future care costs, and then multiply that figure by a number that reflects the severity of your injuries, usually between 1.5 and 5. The more serious and long-lasting the injury, the higher the multiplier.
For example, if you incurred $40,000 in economic damages and your personal injury involves permanent disability, a multiplier of 4 could be used, resulting in $160,000 for pain and suffering. The challenge, however, lies in convincing an adjuster or Michigan court that your chosen multiplier is justified.
The Per Diem Method
The per diem, Latin for “per day,” approach assigns a daily dollar value to your discomfort, then multiplies that rate by the number of days the pain and suffering are expected to last. A broken leg requiring ten months of recovery might be valued at $150 per day, yielding a total of $45,000 in non-economic damages. The per diem method establishes an intuitive connection between the duration of suffering and its valuation, but it, too, demands evidence showing why the daily rate you select is reasonable.
What Affects the Final Amount?
Several factors influence how much compensation you might receive for pain and suffering.
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- Severity of the Injury
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Spinal cord trauma with lingering neuropathic pain demands more compensation than a mild concussion that resolves in a week.
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- Duration of Recovery
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Longer healing times justify greater awards because of the extended physical discomfort and emotional strain.
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- Impact on Quality of Life
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If you can’t pick up your child, return to a favorite sport, or sleep without pain, those losses must be factored into the calculation.
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- Comparative Fault
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Michigan follows a comparative negligence system. If you’re partially at fault, any pain-and-suffering award is reduced.
Michigan courts have the discretion to weigh various elements and award any amount considered fair and reasonable for non-economic damages. Because every case is different, it’s critical to work with a local personal injury attorney in Michigan who knows how to build a compelling, evidence-backed argument for appropriate compensation.
It’s important to note, however, that Michigan imposes limitations on certain non-economic damages. In medical malpractice cases, for instance, the general cap for claims filed in 2025 is $586,300, while a higher ceiling of $1,047,000 applies in cases involving catastrophic injuries, such as permanent paralysis or loss of reproductive capacity.
The Role of Expert Evidence in Establishing Non-Economic Damages
Courts rely heavily on evidence, not just stories. For non-economic damages, expert witness testimony can turn subjective pain into a personal injury claim with real legal weight.
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- Medical Professionals
Orthopedic surgeons, neurologists, and pain-management physicians explain diagnoses in plain language. These experts connect MRI findings or surgical reports to the symptoms you feel every morning when you swing your legs out of bed. Their testimony turns medical jargon into concrete evidence the court can trust.
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- Psychologists and Psychiatrists
Physical injuries often lead to depression, anxiety, or post-traumatic stress disorder. Mental health professionals quantify emotional distress with diagnostic tests, therapy notes, and prognosis statements. A psychologist can confirm, for example, that chronic pain has cut your concentration in half and might continue for years.
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- Rehabilitation Specialists and Vocational Experts
Occupational therapists outline what everyday tasks you can no longer perform without assistance. Vocational experts, on the other hand, compare your pre-injury earning capacity and job satisfaction to your current situation. Together, these professionals help the court understand the personal and financial impact of your injury.
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- Life-Care Planners
For catastrophic injuries—amputations, spinal cord damage, traumatic brain injuries—a life-care planner calculates the lifetime cost of medical care, adaptive equipment, and in-home assistance. Even though these costs are economic damages, the value reinforces the severity of suffering and supports a higher non-economic award.
A competent personal injury attorney in Michigan knows how to weave expert insights into a persuasive case. These legal professionals can connect clinical diagnoses to the real-life impact on your day-to-day activities and use specialist reports to reinforce the credibility of your claims. With the combination of legal knowledge and expert evidence, you can fight for a settlement or verdict that fully reflects the pain you’ve endured.
Secure the Compensation You Deserve
Pain and suffering might be hard to quantify, but that doesn’t mean you have to accept a lowball offer or walk away with less than you deserve. With Shafer Swartz PLC, you can pursue full compensation for every aspect of your personal injury, both the emotional and physical toll it’s taken on your life.
Our team of experienced personal injury attorneys in Michigan can evaluate your claim, hire the right experts, and build a compelling case to ensure your pain and suffering are not just acknowledged but fairly compensated. Contact us today at (231) 722-2444 or here to schedule a consultation.