Wyoming: Multiplier vs. Per Diem Method, Fully Compared

Two different ways to turn pain and suffering into a dollar figure — and in Wyoming, a rare constitutional protection means neither one runs into a ceiling against a private defendant.

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 constitutional protection most states can't match

In many states, a large multiplier or per diem calculation ultimately runs into a statutory cap that limits what a plaintiff can actually recover. Wyoming has no such ceiling against a private defendant — the state constitution itself forbids the legislature from ever enacting one. Whichever method produces the larger, better-supported figure stands on its own, with no legislative backstop able to reduce it afterward, by design.

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 Wyoming 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 Wyoming law

Both methods remain negotiating tools, not a formula Wyoming courts are required to apply. A jury retains full discretion to award whatever amount it finds appropriate for noneconomic damages against a private defendant, 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.

Why doesn't either method run into a ceiling against a private defendant in Wyoming?

Because the Wyoming Constitution forbids any law limiting the amount of damages recoverable for injury or death against a private party — a protection that applies regardless of which valuation method produced the underlying noneconomic figure.

Does the government-claim cap change which method is better to use?

No — the $250,000 cap for claims against government entities applies to the total recovery regardless of valuation method, so it doesn't favor the multiplier method over per diem or vice versa.

Is either method required by Wyoming 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 Wyoming Constitution Art. 10, § 4, verified per our methodology. Confirm how these methods apply to a specific claim with a licensed Wyoming attorney before acting.