Severity and the Pain & Suffering Multiplier

By the FigureMyTax Editorial Team · How we calculate

A high multiplier means nothing in North Carolina if contributory negligence applies.

What moves the multiplier

• Permanence. A fully healed fracture supports a lower multiplier than a lasting impairment.
• Future treatment. Ongoing therapy, surgery or medication pushes toward the high end.
• Disfigurement. Permanent visible changes tend to be valued more heavily.
• Daily life. Documented loss of work, activity or family care strengthens the case.
• Documentation. Records, a pain journal and photos make a higher multiplier easier to justify.

No ceiling in most cases

Outside malpractice, North Carolina places no cap on non-economic damages, so the jury decides the figure.

Fault first

North Carolina is one of only a few states that follow pure contributory negligence. If the defendant proves the injured person's negligence contributed to the incident, recovery can be completely barred, with limited exceptions such as last clear chance and the defendant's gross negligence.

In malpractice, the cap is the ceiling

A malpractice jury cannot award more than the noneconomic cap unless the permanent-injury and reckless-conduct exception applies, so past that point severity stops adding value.

Joint and several liability

North Carolina retains joint and several liability, which helps a plaintiff collect when a defendant is uninsured, with the defendants then dividing the loss among themselves.

Official sources

• N.C.G.S. § 1-52 — three-year actions
• N.C.G.S. § 1D-25 — punitive damages limits
• N.C.G.S. § 90-21.19 — malpractice noneconomic damages limit

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how North Carolina's rules apply to your specific case with a licensed North Carolina attorney.