Kansas: Multiplier vs. Per Diem Methods Compared

Two different ways to turn pain and suffering into a dollar figure — and in Kansas, whether the injury resulted in death decides whether either method runs into a ceiling at all.

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 Kansas-specific split: it depends on survival

For an ordinary Kansas injury claim where the person survived, neither method runs into a cap at all — the Kansas Supreme Court's 2019 decision in Hilburn v. Enerpipe removed the prior noneconomic damages cap entirely. But if the injury instead resulted in death, Kansas Code § 60-1903 still caps non-pecuniary damages at $250,000 — a separate statute the Hilburn decision never touched. That means the method used to estimate pain and suffering matters enormously in a surviving-plaintiff case, but can be overridden by the ceiling in a wrongful death case.

When the per diem method still earns its keep

Below any applicable cap, the per diem method can still 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 Kansas law

Both methods remain negotiating tools, not a formula Kansas courts are required to apply. A jury retains discretion to award whatever amount it finds appropriate for pain and suffering — subject only to the wrongful death cap when that statute applies.

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 Kansas?

Only if the injury resulted in death. An ordinary Kansas personal injury claim has had no damages cap since Hilburn v. Enerpipe (2019), but a wrongful death claim still caps non-pecuniary damages at $250,000 under a separate statute.

Why wasn't the wrongful death cap affected by the same ruling?

Hilburn struck down Kansas Code section 60-19a02, which governs ordinary personal injury actions. The wrongful death cap is set by a different statute, section 60-1903, which the Kansas Supreme Court has separately upheld as constitutional.

Is either method required by Kansas 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, within whichever cap, if any, applies.

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 Kansas Code §§ 60-19a02, 60-1903, verified per our methodology. Confirm how these methods apply to a specific claim with a licensed Kansas attorney before acting.