North Dakota: Multiplier vs. Per Diem Method Compared

Two different ways to turn pain and suffering into a dollar figure — but the fault percentage decides far more in North Dakota than either one does.

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.

Why the tie-bar overshadows both methods here

North Dakota's fault rule is stricter than most modified comparative states: under N.D.C.C. § 32-03.2-02, an exact 50/50 fault split bars recovery entirely, not just a reduction. Against that backdrop, debating whether a 2x or 3x multiplier better captures the pain and suffering matters far less than confirming whether the fault percentage genuinely sits below that threshold.

So the fault question comes first

Before investing effort in choosing between the multiplier and per diem methods for a North Dakota claim, it's worth working through the fault allocation carefully — the gap between 49% and 50% fault is the difference between a reduced recovery and none at all, a far bigger swing than either valuation method would produce.

Neither is required by North Dakota law

Both methods remain negotiating tools, not a formula North Dakota courts are required to apply. A jury retains discretion to award whatever amount it finds appropriate for noneconomic damages — subject to the medical malpractice cap, if it genuinely applies, and subject always to the 50% bar being cleared first.

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.

Why does the fault percentage matter more than the valuation method in North Dakota?

Because North Dakota uses a strict 50% bar where an exact tie eliminates the claim entirely — a swing from fully recoverable to zero that dwarfs any difference the multiplier or per diem method would produce.

Does either method's output get checked against a cap in North Dakota?

Only in medical malpractice claims, where noneconomic damages are capped at a flat $500,000. An ordinary personal injury case has no such cap, so the full multiplier or per diem output stands on its own.

Is either method required by North Dakota 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 N.D.C.C. § 32-03.2-02, verified per our methodology. Confirm how these methods apply to a specific claim with a licensed North Dakota attorney before acting.