Georgia: Multiplier vs. Per Diem Methods Compared

Two different ways to turn pain and suffering into a dollar figure — and in Georgia, neither one runs into a ceiling, a point the state's highest court has now confirmed twice.

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.

A genuinely Georgia-specific point: no ceiling, confirmed twice now

Georgia's legislature capped non-economic damages in medical malpractice cases at $350,000 in 2005. The Georgia Supreme Court struck that cap down as unconstitutional in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt (2010) — and when defendants pushed the court to reconsider, it reaffirmed Nestlehutt again in Clark v. Leigh (June 2026). Whichever method you use, the result runs into no statutory ceiling in Georgia today.

When the per diem method still earns its keep

Even without a cap in play, 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 a more compelling story than a multiplier applied to a modest economic damages total.

Neither is required by Georgia law

Both methods remain negotiating tools, not a formula Georgia courts are required to apply. A jury retains broad discretion to award whatever amount it finds appropriate for pain and suffering, within the bounds of the evidence presented — subject only to Georgia's fault rules reducing or barring the total based on your own share of blame.

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 a ceiling in Georgia?

No. The Georgia Supreme Court struck down the state's non-economic damages cap as unconstitutional in 2010 and reaffirmed that ruling again in 2026, so neither method's result is limited by a statutory ceiling.

Does Georgia's 50% fault bar change which method matters more?

Not directly — it affects whether you recover at all once your fault reaches 50%, not which valuation method applies. Both methods are only relevant once a claim clears that threshold.

Is either method required by Georgia 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 Georgia case law (Nestlehutt, Clark v. Leigh), verified per our methodology. Confirm how these methods apply to a specific claim with a licensed Georgia attorney before acting.