After a car accident in Idaho, victims often find themselves dealing with more than just physical injuries. They may be left grappling with chronic pain, emotional trauma, anxiety, or an overall diminished quality of life. These intangible consequences—what the legal system refers to as “pain and suffering”—can be as impactful as broken bones or lost income, yet they’re much harder to assign a dollar value to.
So how is pain and suffering calculated in an Idaho personal injury case? This post explores the legal principles, common calculation methods, and Idaho-specific factors that influence how much a victim might receive for pain and suffering in a car accident claim.
What Is “Pain and Suffering”?
“Pain and suffering” is a type of non-economic damage available to personal injury victims in Idaho. It includes:
- Physical pain caused by the injuries themselves or by treatments such as surgery, rehabilitation, and medication side effects.
- Emotional distress, including depression, anxiety, PTSD, or fear of driving after an accident.
- Loss of enjoyment of life, such as no longer being able to engage in hobbies, family activities, or work.
- Loss of companionship or consortium, which refers to the negative impact on relationships due to the injuries.
Unlike economic damages (such as medical bills or lost wages), pain and suffering is subjective and varies from person to person. That makes it both essential—and challenging—to value properly.
How Idaho Law Treats Pain and Suffering
Idaho law allows personal injury victims to recover for pain and suffering if the injury was caused by someone else’s negligence. Idaho also has some legal limitations on non-economic damages:
1. Cap on Non-Economic Damages
Idaho imposes a statutory cap on pain and suffering damages in most personal injury cases. As of 2025, the cap is adjusted annually for inflation, but in recent years it has been approximately $500,000. This means that regardless of how severe your suffering is, your non-economic damages may be limited by this cap.
This cap does not apply in cases where the at-fault party was reckless, acted intentionally, or was under the influence of drugs or alcohol.
2. Comparative Negligence Applies
Idaho uses a modified comparative negligence rule. If you’re partially at fault for the accident, your total compensation—including pain and suffering—will be reduced by your percentage of fault. If you’re found to be 50% or more at fault, you cannot recover any compensation.
Common Methods for Calculating Pain and Suffering
There’s no universally accepted formula in Idaho for calculating pain and suffering. However, two methods are commonly used by insurance companies, courts, and attorneys:
1. The Multiplier Method
This method multiplies your economic damages (like medical expenses and lost income) by a number—typically between 1.5 and 5—depending on the severity of your injury.
Example: If your medical bills total $30,000 and you have a moderate long-term back injury, the multiplier might be 3.
Calculation: $30,000 x 3 = $90,000 in pain and suffering.
Factors that influence the multiplier include:
- Severity and permanence of the injury including any scarring
- Length of recovery
- Impact on daily life
- Psychological trauma
- Whether surgeries or long-term treatment were required
2. The Per Diem Method
This method assigns a daily dollar amount to your pain and suffering—often based on your daily wage—and multiplies it by the number of days you’ve been affected.
Example: If your pain and suffering are valued at $200 per day, and your recovery took 150 days, then:
$200 x 150 = $30,000 in pain and suffering.
This method is often used in cases with shorter recovery periods or more clearly defined healing timelines.
Evidence That Supports a Pain and Suffering Claim
Since pain and suffering aren’t documented on receipts or invoices, your ability to recover fair compensation depends on the strength of your evidence. In Idaho, persuasive evidence includes:
- Medical Records: These show the extent and duration of your physical injuries, treatments, and prognosis.
- Doctor and Therapist Testimony: Statements from professionals about how the injury has affected your mental and emotional well-being carry weight.
- Prescription Records: Medications for pain, anxiety, or depression support your claim.
- Daily Pain Journal: Writing down your symptoms, struggles, and emotional toll day by day can be powerful in establishing credibility.
- Witness Statements: Friends, family members, and co-workers who can testify to changes in your mood, activity level, or personality can help paint a full picture of your suffering.
Challenges in Idaho Pain and Suffering Claims
While pain and suffering can be a substantial part of your compensation, there are challenges specific to Idaho:
- Insurance Company Pushback: Insurers often undervalue non-economic damages or challenge their validity altogether. They may argue your injuries weren’t that serious or that your emotional distress was pre-existing.
- Statutory Cap Limits Recovery: Even with compelling evidence, the pain and suffering cap limits high-value awards—especially in serious but non-fatal injury cases.
- Rural Juries May Be Skeptical: In some parts of Idaho, juries may be less inclined to award high amounts for subjective pain unless the evidence is particularly compelling.
Final Thoughts
Calculating pain and suffering after a car accident in Idaho isn’t an exact science. It’s a negotiation—one grounded in evidence, Idaho law, and how convincingly you can show the impact of your injuries on your daily life. While methods like the multiplier or per diem approach offer guidelines, the final number often comes down to the quality of your documentation and the persuasive strength of your claim.
If you’re navigating this process, it’s important to collect and preserve evidence early, keep detailed records of your physical and emotional health, and understand how Idaho’s caps and comparative negligence rules could affect your recovery.
Pain and suffering is real, and under Idaho law, it’s compensable—if you can prove it. Give us a call today and we can help you find the right number to value your pain and suffering claim.
