Washington: Multiplier vs. Per Diem Method, Compared

Two different ways to turn pain and suffering into a dollar figure — and in Washington, a 1989 ruling makes sure neither one runs into a statutory ceiling.

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 jury-trial ruling that protects both methods' results

In many states, a large multiplier or per diem calculation ultimately runs into a statutory cap that limits what a plaintiff can actually recover. Washington has no such ceiling — the state Supreme Court's 1989 ruling in Sofie v. Fibreboard Corp. specifically protected the jury's constitutional role in determining the amount of damages, striking down a legislative cap that would have overridden it. Whichever method produces the larger, better-supported figure stands on its own before the jury, without a statutory backstop reducing it afterward.

That raises the stakes of getting the calculation right

Without a cap acting as a safety net, the underlying multiplier or per diem calculation itself carries more weight in a Washington case — there's no fallback figure a defendant can point to if a jury's noneconomic award turns out to be large. This doesn't favor one method over the other, but it does make choosing and documenting the right inputs genuinely consequential.

Neither is required by Washington law

Both methods remain negotiating tools, not a formula Washington courts are required to apply. A jury retains full discretion to award whatever amount it finds appropriate for noneconomic damages, with no statutory ceiling waiting to reduce that figure afterward.

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's output run into a damages cap in Washington?

No — Washington imposes no statutory cap on noneconomic damages. The legislature's 1986 attempt was struck down as unconstitutional in 1989, so the full multiplier or per diem output stands on its own.

Does Washington's jury-trial ruling affect how a multiplier or per diem calculation is used at trial?

The 1989 ruling specifically protected the jury's role in determining damages — meaning a jury that hears a well-supported multiplier or per diem case retains full discretion to award the resulting figure without a legislative ceiling overriding it.

Is either method required by Washington 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 Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1989), verified per our methodology. Confirm how these methods apply to a specific claim with a licensed Washington attorney before acting.