How Is Pain and Suffering Calculated?

No statute or court rule in California, Texas or Washington gives a formula for pain and suffering. A jury picks a reasonable amount from the evidence, and insurers try to predict that amount, so proof of how long and how badly the injury affected you drives the number. You generally have two years to sue in California (CCP 335.1) and Texas, and three in Washington.

What are juries actually told about pain and suffering?

The jury instruction is the closest thing to an official rule, so it is worth reading what it says.

• California. CACI 3905A lists physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation and emotional distress. It then tells jurors that no fixed standard exists for the amount and that they must use their judgment to decide a reasonable sum based on the evidence and their common sense. Under CACI 3902, the verdict form lists economic and noneconomic damages as two separate lines.
• Texas. The Civil Practice and Remedies Code does not give jurors a number either. Section 41.001(12) defines noneconomic damages as compensation for physical pain and suffering, mental or emotional pain or anguish, disfigurement, physical impairment, inconvenience, loss of enjoyment of life and other nonpecuniary losses.
• Washington. We could not open the Washington pattern jury instructions on an official public site, so we rely on the statutes here. They also leave the amount to the fact finder. For example, in a survival claim for a person who died, RCW 4.20.046 allows the deceased’s pain and suffering, anxiety, emotional distress or humiliation in amounts “determined by a trier of fact to be just under all the circumstances.”

Why is there no fixed formula?

Because the law treats the loss as personal. The sources listed under CACI 3905A quote the California Supreme Court describing pain and suffering as subjective states that can be turned into money “only with great difficulty,” and another court holding that damages for harm to the body or feelings should be proportioned to the intensity and duration of the harm. Two people with the same fracture can live through very different recoveries, and the award is meant to follow the person, not the diagnosis.

Future pain counts too, but California requires proof that you are reasonably certain to suffer it, and the jury states that future amount in today’s dollars (CACI 3905A).

Are the multiplier and per diem methods the law?

No. They are ways lawyers and adjusters argue about a number, and none of the statutes or jury instructions cited on this page adopts either one.

• Multiplier. Economic losses, usually medical bills, are multiplied by a chosen figure.
• Per diem. A daily amount is set for each day of pain and multiplied by the days of recovery.

California tells jurors that the arguments of the attorneys are not evidence of damages and that the award must rest on the testimony and other evidence (CACI 3925). In Texas, the lead (plurality) opinion of the Supreme Court in a 2023 wrongful-death case, Gregory v. Chohan, said that a noneconomic award needs a rational connection, grounded in the evidence, between the injury and the dollar amount. That opinion rejected comparisons to unrelated objects, such as a fighter jet or a painting, and said an unexamined ratio between economic and noneconomic damages, without case-specific reasons, cannot supply that connection.

Example only. Suppose a driver has $8,000 in medical bills and 120 days of recovery. A multiplier of 2 gives $16,000. A per diem of $100 a day gives $12,000. The figures are invented, the two methods disagree on the same facts, and neither binds an adjuster or a jury. Your evidence decides the number.

What evidence moves the pain and suffering number?

Since jurors are told to use the evidence, the evidence is the calculation.

• Treatment records that describe pain levels, restrictions and how long care lasted.
• Your own testimony. The California authorities under CACI 3905A say the testimony of a single person, including the plaintiff, may be enough to support an emotional distress award. A psychiatric condition beyond common experience may need testimony from a qualified professional.
• People who saw the change, such as a spouse, coworker or coach.
• Photos of bruising, scars, casts and the equipment you needed at home.
• A daily log of sleep, missed events and tasks you could not do.

The court self-help page on personal injury cases notes that emotional distress is harder to value than bills, which is why this kind of proof matters. Our car accident settlement calculator guide shows where this number fits in the full settlement math.

What can shrink or erase the amount?

• Your share of fault. California reduces damages by your percentage of responsibility (CACI 405). Texas reduces them and bars recovery above 50 percent (sections 33.001 and 33.012). Washington reduces them without a bar (RCW 4.22.005) and counts an unreasonable failure to limit your damages as fault (RCW 4.22.015).
• No insurance in California. Proposition 213 generally bars uninsured drivers from recovering pain, suffering and other non-economic losses in a car crash claim, with narrow exceptions.
• Gaps in treatment, which let the insurer argue the pain ended sooner.

What to do now

1. Ask your doctor to record pain levels, work limits and activity restrictions at each visit.
2. Keep a short dated log of what the injury stopped you from doing.
3. Take photos of visible injuries now and as they heal.
4. Ask the adjuster in writing how the insurer valued your pain and suffering. When California’s Insurance Commissioner judges whether an offer is unreasonably low, it looks at whether the insurer considered the evidence you submitted and the likely verdict (10 CCR 2695.7(g)). The Texas Department of Insurance suggests telling the company why you disagree.
5. Note your deadline: two years in Texas (section 16.003) and three years in Washington (RCW 4.16.080). Washington insurers must warn unrepresented third-party claimants 60 days before a time limit may expire (WAC 284-30-380), but do not rely on that notice.

Have your pain counted with evidence

If you are deciding whether an offer reflects what you went through, call Beverly Law at (310) 552-6959 and we will review your records, the offer and your deadline. The California Department of Insurance also explains the claim process. We handle car accident cases in California, Texas and Washington. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. You owe no fees or costs unless we win.

Common questions

Related pages

Car Accident Settlements · Car accident settlements · Car accident settlement calculator · Is pain and suffering separate from medical bills · How much do insurance companies pay for pain and suffering · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.