Pain and suffering damages are a crucial component of a comprehensive California personal injury case. Our experienced San Bernardino personal injury lawyers at LA Century Law explain how to calculate pain and suffering damages.
Understanding Pain and Suffering Damages in California
When a personal injury impacts you, you suffer in multiple ways. The most obvious ways are financial, through medical bills and lost income. You may need to hire people to help you do things you can no longer do for yourself. These are all economic losses.
But you’re also affected in ways that are not economic. An injury can result in physical pain, disability, or permanent disfigurement.
The ways that you are harmed by a personal injury that aren’t direct monetary losses are non-economic damages. These damages are your pain and suffering compensation.
What Counts as Pain and Suffering in a California Injury Claim?
Things that may count as pain and suffering in a California injury claim include the following:
- Physical pain
- Mental suffering
- Loss of enjoyment of life
- Disfigurement
- Physical impairment
- Inconvenience
- Grief
- Anxiety
- Humiliation
- Emotional distress
This list is not comprehensive. There are many ways that a person can suffer because of a personal injury.
Case-by-case basis
It’s common for a personal injury victim to have some categories of pain and suffering. A person may be severely affected by one type of harm, while another type of pain and suffering is less significant in their case. Each personal injury victim deserves fair compensation.
The Multiplier Method vs. Per Diem Method Explained
There is no single or fixed standard to determine the amount of pain and suffering. The courts instruct jurors to use their judgment. The injured victim deserves a reasonable amount, based on evidence and common sense.
One California court called the determination of pain and suffering “one of the most difficult tasks imposed upon a jury” (Beagle v. Vasold, 1996). An expert can testify about the nature of the injury and its consequences, but witnesses can’t directly tell the jury what amount to award. Because of this, there are two primary methods that California law uses for calculating pain and suffering in California: the multiplier method and the per diem method.
Multiplier method
The multiplier method assigns a rating to the overall suffering caused by the accident. A moderate accident that results in full healing may have a multiplier of 0.5 to 1.5, for example. Devastating, life-changing injuries may have a multiplier of 4 or 5.
For example, a person may have $75,000 in economic damages from a personal injury. Because the injury is moderate, a multiplier of 2 is reasonable. The person’s claim may be worth $75,000 (economic damages) + $75,000 x 2 (non-economic damages), equaling $225,000 in total.
This is simply an example. All cases will be calculated individually.
The multiplier may correlate with economic damages, but not always. Sometimes, disfigurement and lifestyle impairment are extreme, even if medical bills and other economic losses do not reflect it.
Per diem method
The per diem method attaches a dollar value to pain and suffering for each day that a person suffers from their injuries. The dollar amount depends on the severity of impact.
For example, a person has $75,000 in economic damages from a personal injury accident. It takes three years for the person to fully recover from injuries. Assigning a per diem amount of $100 per day, non-economic damages are valued at $109,500, arriving at a total award of $184,500.
How will I calculate pain and suffering damages in my California personal injury case?
The right method to calculate pain and suffering damages in an injury case depends on a few factors. Permanent disability, lasting impairment, course of healing, and clarity in making the case for non-economic damages can all play a role in what method to choose for your case.
Factors That Influence Pain and Suffering Compensation
Factors that influence pain and suffering compensation may include:
- Severity of pain associated with injuries
- How long it takes to heal
- Permanent scarring or disfigurement
- How injuries impact the victim’s life and routines
- Mental and emotional anguish
- Future pain and suffering
It’s important to follow healthcare instructions. Journaling symptoms and lifestyle changes can help prove your case.
How Medical Records Support Your Pain and Suffering Claim
Because pain and suffering is subjective, it’s important to have objective evidence to explain your case. Medical records can prove the injuries. Records establish a timeline of treatment, which can explain the course of healing.
Using Expert Testimony To Prove Emotional and Physical Harm
Expert testimony can build on medical records. The injured person can testify, but a qualified professional can give an objective explanation, describing how injuries translate to pain and suffering.
How Insurance Companies Evaluate Pain and Suffering Damages
Insurance companies typically use software to calculate pain and suffering. Similar to those of your attorney, these calculations will account for various factors like the severity of injuries and the impact on life.
Too often, insurance companies downplay pain and suffering. They may undervalue your case, hoping you don’t know what it’s truly worth. When you have LA Century Law representing you, you have a team of experienced lawyers making sure your case is fully valued.
Common Mistakes That Lower Pain and Suffering Awards
Certain mistakes may lower a pain and suffering award; these may include:
- Accepting the first offer without consulting with an attorney
- Not knowing the various types of pain and suffering
- Failing to include future damages
- Missing key evidence of injuries and their severity
- Pursuing your case without expert witnesses
- Missing procedural steps to advance the case
- Not following medical advice
- Poor documentation of the impact on life
Having legal advice early in your case can help maximize compensation for pain and suffering.
How a San Bernardino Personal Injury Lawyer Helps Maximize Your Settlement
A San Bernardino personal injury lawyer can build the evidence, analyze your case, and provide legal advice. At LA Century Law, our experienced attorneys can calculate pain and suffering damages in your California personal injury case. See how we’ve helped people like you collect millions, with a 99% success rate. Call or message us now.
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