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.