Colorado: Multiplier vs. Per Diem Methods Compared

Two different ways to turn pain and suffering into a dollar figure — and in Colorado, how the injury gets classified can matter more than which method you use.

The multiplier method: scaling off your damages

The multiplier method is the industry's default approach. It takes your economic damages — medical bills and lost wages — and multiplies that total by a factor generally between 1.5 and 5, chosen based on injury severity, recovery time, and whether any permanent impairment is involved.

The per diem method: valuing each day

The per diem (Latin for "per day") method works differently. It assigns a specific dollar value to a single day of pain and suffering and multiplies that rate by the total number of days of documented recovery, tying the value directly to time rather than to the size of your medical bills.

The real question in Colorado: how is the injury classified?

Here's the genuinely Colorado-specific wrinkle: whichever method you use, the cap question doesn't turn on the method at all — it turns on how the resulting damages are classified. Under C.R.S. § 13-21-102.5, ordinary pain and suffering is capped at $1.5 million. But damages specifically attributable to permanent physical impairment or disfigurement are a separate, uncapped category under subsection (5) — regardless of whether you arrived at the number through a multiplier or a per diem calculation.

When the per diem method still earns its keep

The per diem method can carry real persuasive weight in a case with a long, clearly bounded recovery period, where counting days produces an easy-to-follow number for a jury or an adjuster — sometimes more compelling than a multiplier applied to a modest economic damages total, regardless of which cap category ultimately applies.

Neither is required by Colorado law

Both methods remain negotiating tools, not a formula Colorado courts are required to apply. A jury retains discretion to award pain-and-suffering damages within the statutory cap, and separately to award uncapped impairment or disfigurement damages where the evidence supports it.

Multiplier vs. per diem — frequently asked questions

What is the multiplier method for valuing pain and suffering?

It takes your economic damages — medical bills and lost wages — and multiplies that total by a factor, generally between 1.5 and 5, based on how severe and lasting the injury is.

What is the per diem method, and how does it differ?

The per diem method assigns a specific dollar value to each day you experience pain and suffering, then multiplies that daily rate by the number of days of recovery, rather than scaling off your economic damages.

Does either method run into Colorado's damages cap?

Only the ordinary pain-and-suffering portion. Whichever method you use, the result is capped at $1.5 million if classified as non-economic damages — but damages specifically tied to permanent physical impairment or disfigurement are not capped at all.

Which method tends to favor a claim with a long, documented recovery period?

The per diem method often does, since it directly counts the number of recovery days rather than scaling off a possibly modest economic damages total.

Is either method required by Colorado law?

No. Neither is a formula set by statute. Both are negotiating tools used by attorneys and insurance adjusters to reach a number for the jury or the settlement table.

This page provides general guidance only and is not legal advice. Figures are based on the multiplier and per diem methods commonly used across the personal injury industry and C.R.S. § 13-21-102.5, verified per our methodology. Confirm how these methods apply to a specific claim with a licensed Colorado attorney before acting.