After an accident, calculating some types of damages is straightforward—such as medical bills or lost wages. However, pain and suffering damages, which account for emotional and physical distress, can be more challenging to quantify. In many cases, pain and suffering damages represent a significant portion of an accident settlement. Understanding what qualifies as pain and suffering in California can help you pursue the compensation you deserve.
What Are Pain and Suffering Damages?
Pain and suffering is a form of non-economic damage, providing compensation for the physical discomfort, mental anguish, and emotional distress suffered after an accident. If you were injured due to another’s negligence, you may be entitled to pain and suffering damages to cover these non-economic losses, alongside other compensable damages.
What Qualifies as Pain and Suffering?
Under California law, pain and suffering includes both the physical pain and emotional trauma experienced after an accident. This can encompass a range of personal hardships:
- Physical pain and discomfort resulting from accident injuries
- Mental distress and emotional trauma, including PTSD or anxiety
- Loss of enjoyment of life, due to physical limitations or disability
- Loss of companionship or consortium, affecting relationships with loved ones
- Humiliation or loss of reputation, particularly in severe injury cases
Pain and suffering damages can also be claimed in wrongful death cases, providing compensation for surviving family members who have suffered emotional trauma and the loss of companionship.
How Are Pain and Suffering Damages Calculated?
Since pain and suffering lacks a direct monetary value, lawyers use two common methods to estimate damages:
- Multiplier Method: In this approach, pain and suffering is calculated by multiplying the total economic damages by a number (usually between 1 and 5), based on the severity of the plaintiff’s pain and suffering.
- Per Diem Method: This method assigns a daily rate to the plaintiff’s pain and suffering, which is then multiplied by the number of days the plaintiff experienced discomfort and limitations.
A personal injury attorney can help determine the best approach to accurately calculate pain and suffering damages based on your specific case.
Should You Hire a Personal Injury Lawyer?
Pain and suffering damages can be challenging to quantify. If you were injured due to someone else’s negligence, a personal injury lawyer can help assess the full impact of your injuries, investigate your claim, and negotiate with insurers for fair compensation. By working with an experienced attorney, you’ll have the support you need to pursue every dollar you’re owed for your losses.
Contact LA Law Group Today
If you’ve been injured in an accident, contact LA Law Group for a free, no-obligation consultation. Our team will review your case, discuss your options, and ensure you understand your rights. Should you choose to work with us, we’ll start building your case immediately and advocate for the fair compensation you deserve. Contact us today to get started.
