How Is Pain and Suffering Calculated in Michigan?

• July 3, 2025

A serious injury changes your life in ways that no medical bill can ever show. Beyond the physical recovery, there is the daily pain, the sleepless nights, the anxiety, and the loss of activities you once loved.

These are not small things. They are real, personal losses that deserve to be recognized. In the legal world, this type of harm is known as "pain and suffering." While you can easily add up your medical expenses and lost paychecks, the cost of your personal suffering is much harder to measure.

Many injured people wonder, how is pain and suffering calculated in Michigan? There is no simple calculator or formula, but there is a process for assigning a monetary value to these very human damages.

What Are Economic and Non-Economic Damages?

When you are injured because of someone else's negligence, the law allows you to seek compensation for your losses. These losses are generally separated into two main categories: economic and non-economic.

Telling them apart is the first step in determining your total compensation. Each category covers a different type of loss you have experienced. Economic damages are the straightforward financial losses that can be proven with bills, receipts, and pay stubs.

They are tangible and have a clear dollar amount attached to them. Your attorney will collect all the necessary paperwork to add up these costs precisely. Non-economic damages, on the other hand, cover the intangible, personal losses that do not come with an invoice.

This is where pain and suffering fit in. It is compensation for the human cost of an injury.

Economic Damages (Tangible Losses)

These are the specific financial costs related to your injury. They are designed to reimburse you for the money you have lost or had to spend.

• Medical Bills: This includes every cost associated with your medical care, such as hospital stays, surgeries, doctor visits, physical therapy, prescription medications, and ambulance rides.


• Future Medical Expenses: If your injury requires long-term care, future surgeries, or ongoing therapy, an amount for these future needs will be calculated.


• Lost Wages: This is the income you lost while you were unable to work during your recovery.


• Loss of Future Earning Capacity: If your injury prevents you from returning to your old job or limits your ability to earn money in the future, you can be compensated for this lost potential.

Non-Economic Damages (Intangible Losses)

These damages compensate you for the non-financial ways your injury has affected your life. They are subjective and different for every person.

• Physical Pain: Compensation for the actual physical pain you have endured and will continue to endure.


• Emotional Distress and Mental Anguish: This includes feelings of fear, anxiety, depression, shock, and humiliation caused by the accident and your injuries.


• Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or relationships you once enjoyed, this loss is compensable.


• Disfigurement and Scarring: Compensation for the distress caused by permanent scars, amputations, or other visible changes to your body.

Quirks in Michigan’s Personal Injury Protection Laws

Before we discuss how to calculate pain and suffering, Michigan's modified no-fault insurance law creates a specific requirement to claim it in a car accident.

To sue an at-fault driver for non-economic damages like pain and suffering, you must demonstrate that your injury has caused a serious impairment of body function.

This is a legal threshold, and if your injury does not meet the definition, you cannot recover pain and suffering damages.

Michigan law defines a serious impairment as an injury that affects your general, but not necessarily permanent, ability to lead your normal life. Proving you have met this threshold is the first and most critical step in any Michigan auto accident injury claim, and often requires a skilled car accident lawyer.

 Do Lawyers and Insurers Estimate Pain and Suffering?

Since there is no price tag on a person’s suffering, insurance companies and attorneys use different methods to arrive at a starting number for settlement negotiations.

These are not official legal formulas. A jury in Michigan is not instructed to use them. Instead, they are tools used during the negotiation process to place a reasonable estimate on something that is inherently personal and subjective.

The two most common methods used are the multiplier method and the per diem method. The multiplier method is more frequently used and involves looking at the total amount of economic damages.

The per diem method takes a different approach by assigning a daily value to your suffering. An experienced attorney will evaluate your specific situation to determine the best way to present the value of your pain and suffering, rather than relying on a rigid formula. The final value depends entirely on the unique facts of your case.

Here are the two common approaches explained simply:

1. The Multiplier Method: This is the most common approach. The adjuster or attorney will add up all your economic damages (medical bills and lost wages). Then, they multiply that total by a number.

The multiplier number depends on the severity of your injuries.

1. The Per Diem Method: This method assigns a daily rate for your suffering. The term "per diem" means "per day." The idea is to demand a certain amount of money for every day you lived with pain from the date of the accident until you reached maximum medical improvement.

The daily rate is often based on your daily earnings before the accident. For example, if you earned $200 per day, you might argue that your pain and suffering is also worth $200 per day.

This method is used less often, especially for long-term or permanent injuries.

What Evidence Is Used to Prove Pain and Suffering?

You cannot simply state that you are in pain and expect to be compensated. You must provide evidence to support your claim. The strength of your evidence is the most significant factor in determining the value of your pain and suffering damages.

The goal is to paint a clear and detailed picture for the insurance company or the jury of how the injury has truly affected your life on a day-to-day basis.

This evidence comes from many sources.

It starts with your medical records, which document the physical nature of your injuries and your treatment. But it goes much further than that.

Testimony from you, your friends, and your family can be compelling. They can speak about the changes they have seen in you since the accident. Photographs and personal journals can also provide a compelling visual and written record of your journey.

Here are some of the key pieces of evidence used to demonstrate pain and suffering:

• Medical Records and Doctor's Testimony: Your medical chart is the foundation. It documents your diagnosis, treatment, and prognosis. A doctor can testify about the painful nature of your injuries and the procedures you had to endure.


• Photographs and Videos: Pictures or videos showing your injuries, your recovery process, or your life before and after the accident can be very effective. This could include photos of a wrecked car, injuries in the hospital, or you attempting a daily task you now struggle with.


• A Personal Journal: Keeping a daily journal where you document your pain levels, your emotional state, your challenges with daily activities, and your missed events can create a detailed record of your suffering.


• Testimony from Family and Friends: People who know you best can provide powerful testimony. They can explain how your personality has changed, how your relationships have been affected, and how you can no longer do the things you once loved.


• Proof of Mental Health Treatment: If you have seen a therapist or psychiatrist for anxiety, depression, or post-traumatic stress disorder (PTSD) related to the accident, these records are strong evidence of your mental and emotional suffering.

Are There Caps on Pain and Suffering Damages in Michigan?

When discussing pain and suffering in Michigan, it is mandatory to address the state's laws on damage caps. A "cap" is a legal limit on the amount of money awarded for a specific type of damage.

• In Michigan, these caps apply only to a specific type of case: medical malpractice.


• For most personal injury cases, such as car accidents, trucking accidents, slip and falls, or dog bites, Michigan has no cap on non-economic damages.


• A jury can award any amount it believes is fair and reasonable based on the evidence presented. However, for medical malpractice claims, the state legislature has limited the amount of non-economic damages a person can receive.

These caps are adjusted each year for inflation by the Michigan Department of Treasury or the Department of Insurance and Financial Services (LARA).

No Cap for Most Personal Injury Cases

If you are injured in a standard negligence case, like an auto accident, there is no limit to what a jury can award you for your pain, suffering, emotional distress, and loss of enjoyment of life. The value is determined solely by the jury based on the facts of your case.

Caps for Medical Malpractice Cases

Michigan has two tiers of caps for non-economic damages in medical malpractice cases. For 2024, the lower cap is approximately $568,000. The higher cap, approximately $1,015,000, applies only in cases where the malpractice resulted in one of a few specific catastrophic outcomes.

Conditions for the Higher Cap

The higher medical malpractice cap can be sought if the patient's injury results in:

• Hemiplegia, paraplegia, or quadriplegia leading to a permanent loss of function.


• Permanent cognitive damage that leaves the person unable to make independent decisions or perform activities of daily living.


• Permanent damage to a reproductive organ, leaving the person unable to have children.

How a Jury Decides the Final Amount

If your case does not settle and proceeds to a trial, a jury will decide the final amount of your pain and suffering award. The jury will not be given a calculator or a mathematical formula.

Instead, they will listen to all the evidence presented throughout the trial. They will hear from you, your doctors, your family, and any other witnesses. They will look at photographs and review medical documents.

After hearing all the evidence, the judge will give the jury instructions. These instructions will explain that they must award a sum that they believe is fair and just to compensate you for your losses. It is a subjective decision based on their collective human experience and their evaluation of the evidence. An effective presentation of your story is essential.

The jury must be able to see you as a person and connect with the real-world effects your injuries have had on your life. The jury will consider many factors when making their decision:

1. The Severity of the Injury: Was the injury minor, serious, or catastrophic?


2. The Intensity and Duration of the Pain: How much pain did you experience, and for how long? Is the pain ongoing?


3. The Effect on Your Daily Life: How has the injury changed your ability to work, care for yourself, and enjoy your hobbies?


4. The Visibility of the Injury: Juries may respond differently to visible injuries like severe scarring or amputation compared to internal injuries.


5. Your Credibility: The jury’s impression of you is crucial. They will assess whether your testimony seems honest and consistent.

What is Michigan's statute of limitations for a personal injury claim?

In Michigan, the statute of limitations for most personal injury cases, including those arising from car accidents and general negligence, is three years. This means you must file a lawsuit within three years of the date the injury occurred.

For medical malpractice cases, the deadline is generally two years from the date of the malpractice. If you fail to file within this timeframe, you will likely lose your right to seek compensation forever.

Questions and Answers About Pain and Suffering Calculations in Michigan

What happens if I was partially at fault for my accident in Michigan?

Michigan follows a "modified comparative negligence" rule. This means you can still recover damages even if you were partially at fault, as long as your share of the fault is 50% or less. However, your total compensation award will decrease by your percentage of fault.

If you are found to be 51% or more at fault, you cannot recover any non-economic damages.

Does my own auto insurance cover any of my damages before I sue?

Yes. Under Michigan's no-fault system, your own Personal Injury Protection (PIP) insurance is your primary source of recovery for economic losses, regardless of who was at fault.

Your PIP benefits cover medical bills, a percentage of lost wages, and replacement service expenses up to the limit you selected in your policy. A lawsuit against the at-fault driver is specifically for damages not covered by your PIP benefits, most notably pain and suffering compensation.

What should I do right after an injury to protect my pain and suffering claim?

Immediately after an injury, you should:

1. Seek Medical Attention: Your health is the priority. This also creates a medical record of your injuries, which is vital evidence.


2. Report the Incident: File a police report for a car accident or report the injury to the property manager in a slip-and-fall case.


3. Gather Information: Collect names, contact information, and insurance details from all parties involved, as well as contact info for any witnesses.


4. Take Photos: Document the scene, your injuries, and any property damage.


5. Do Not Give a Recorded Statement: Politely decline to give a recorded statement to the at-fault party's insurance adjuster until you have spoken with an attorney.


6. Contact an Attorney: Speaking with an attorney early can help you understand your rights and preserve crucial evidence for your claim.

Speak With a Knowledgeable Attorney Now

Calculating pain and suffering is a complex process with no easy answer. It requires a detailed presentation of how a serious injury has changed a person’s life.

The value is based on your personal story, supported by strong evidence, and argued by a legal advocate who can show your losses clearly and persuasively.

If you have been injured and are facing an uncertain future, you do not have to figure this out on your own.

At Goodman Acker P.C., our attorneys listen with compassion and provide clear, honest advice. We are committed to treating our clients like family. For a free, confidential conversation to discuss your case, please call our office at (248) 831-1507.