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Although non-economic damages can’t be measured monetarily, they are real challenges you may experience as a result of your injury. Therefore, the law considers them compensable and a dollar amount is subjectively assigned to each of them, depending on what the jurisdiction allows. 

There is no concrete rule for calculating the value of non-economic damages, so it’s up to the jury and judge to determine, based on relevant factors in the injury, like level of loss, degree of negligence, and projected effects on the plaintiff’s future. 

For pain and suffering, the most common non-economic damages, there are two methods that are frequently used to determine the value:

• Multiplier method – The plaintiff’s economic damages are multiplied by a specific number, which is based on the injury and its impact on quality of life. For example, if the economic damages totalled $25,000, and the multiplier is 3, the value of damages for pain and suffering would total $75,000. 
• Per diem – Calculates non-economic damages based on each day the plaintiff has suffered pain related to the injury. For example, if the plaintiff were to suffer permanent pain and suffering due to injury, a daily rate calculation could be made based on the judge’s or jury’s determination of a dollar amount for one day of damages, multiplied by the number of days remaining in that person’s life (using average life expectancy tables).