Severity and the Pain & Suffering Multiplier

By the FigureMyTax Editorial Team · How we calculate

In Wyoming a high multiplier runs into the 50% line and several liability, not a cap.

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.

What counts as injury

W.S. 1-1-109(a)(v) defines injury to include loss of enjoyment of life, emotional distress, pain and suffering, disfigurement, physical or mental disability, loss of earnings, loss of consortium and similar claims.

The 50% line

Contributory fault does not bar a recovery if the claimant's fault is not more than 50% of the total fault of all actors; damages are diminished in proportion to the claimant's fault.

Nonparties count

An actor includes anyone whose fault is a proximate cause, whether or not the actor is a party to the litigation, so fault can be assigned to someone who is not in the case.

Several liability

Each defendant is liable only to the extent of its proportion of the total fault, and the court enters judgment against each defendant for that amount.

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