How Is Pain and Suffering Calculated in California?

After any accident, most victims initially seek compensation for their injuries and property damage—the visible things. However, non-visible damages, like pain and suffering caused by the accident are sometimes overlooked. Yet, you may be able to pursue compensation for the unnecessary pain and suffering you experienced from the accident.

Although not always easy to prove, our team at The Barnes Firm strongly believes that accident victims deserve compensation for any pain and suffering they experienced as a result of a negligent individual’s actions. Whether you were in a car crash, bitten by a dog, or tripped and fell and experienced pain and suffering because of it, you deserve to be compensated.

What is Covered Under Pain and Suffering? 

According to both federal and California state law, pain and suffering damages are non-economic damages that cause a victim to experience bodily or emotional distress and discomfort resulting from their injuries sustained in an accident. The two are usually separated into physical pain and emotional distress categories. 

Physical symptoms covered under pain and suffering include, but are not limited to: 

• Neck pain 
• Traumatic Brain Injuries (TBIs) 
• Concussions 
• Internal organ damage 
• Spinal cord injuries 
• Broken and fractured bones 
• Dislocated joints 
• Headaches 
• Respiratory distress 
• Back pain 
• Paralysis 
• Wounds and lacerations 
• Road rash 
• And more.. 

Emotional symptoms, although more difficult to prove due to their abstract nature, covered under pain and suffering include, but are not limited to: 

• Grief 
• Post-traumatic stress disorder (PTSD) 
• Loss of quality of life 
• Cognitive disorders 
• And more… 

Pursuing compensation for pain and suffering is no easy feat, and it is beneficial to have an experienced attorney on your side throughout the process. To learn more, call The Barnes Firm today at (800) 800-0000.

How Does California Calculate Pain and Suffering? 

California has two primary methods for calculating pain and suffering damages. These are known as “The Per Diem Method” and ‘The Multiplier Method.” It’s important to note that these two methods follow different procedures, and that the compensation awarded for pain and suffering damages varies greatly depending on the unique circumstances of your incident.

The Per Diem Method

This method assigns a daily value to pain and suffering. Then, it takes this value and multiplies it by the number of days the victim was in pain and suffered because of it. For example, if the assigned daily value for your pain and suffering is $100, and you suffer for 100 days, then you would be entitled to $10,000 compensation for your pain and suffering. This compensation amount is not influenced by the amount of economic damages you may have received.

The Multiplier Method

On the other hand, the Multiplier Method takes your total economic damages, including medical bills and lost wages from missed time at work, and multiplies them by a number between 3 and 10 as determined by the court. The court determines the multiplier used based on testimonies that describe the extent of your pain and suffering.

Obstacles of Calculating Pain and Suffering

Pain and suffering is subjective, so attaching a monetary amount to it can be a very complex and challenging feat to accomplish without knowledge of a California car accident lawyer at The Barnes Firm. Our team has identified the following potential obstacles that may arise when calculating pain and suffering: 

• Subjectivity. Pain is a personal experience. What one victim may find to be tolerable, another may find to be excruciating. It’s all subjective, making it difficult to quantify these damages.
• Biased juries. Members of the jury bring their own life experiences with them. With that said, it’s important to remember that pain and suffering is subjective, meaning that some juries may empathize with your pain and suffering while others won’t.
• Lack of evidence. Unlike injuries and property damage, there isn’t physical evidence associated with pain or suffering. Therefore, proof of your pain and suffering hinges on your own testimony and testimony from medical providers.  
• Determining emotional distress. Anxiety, depression, and other mental health conditions sustained from accidents look different on everybody, so determining their intensity after your incident can be difficult. 
• Future impact. Most personal injury cases will investigate the long-term impact of your physical injuries but may struggle to accurately determine the potential long-term impacts of your pain and suffering.

Are There Limitations to Pain and Suffering Damages?

Although California does account for pain and suffering in personal injury cases, there are potential limitations to be aware of. These limitations include:

• Caps. In certain situations, California law may impose limits on how much compensation can be recovered from pain and suffering damages. 
• Documentation. Strong evidence is key to obtaining compensation for pain and suffering damages in California. Any weaknesses or discrepancies in testimonies will significantly impact the amount of compensation you may pursue. 
• Pre-existing conditions. Any pre-existing conditions you may have that contribute to your pain or suffering can reduce the amount of compensation you receive for pain and suffering. 
• Shared liability. California follows a pure comparative negligence statute, meaning that even 99% at-fault parties may pursue compensation for 1% of their damages. If you are assigned any percentage of fault, then the maximum compensation you may pursue will be reduced by your assigned degree of fault.

Can an Attorney Help Me? 

Yes, a trusted personal injury attorney at The Barnes Firm with years of experience and a wealth of knowledge in California law can help you obtain the maximum compensation available for your pain and suffering. When you choose The Barnes Firm to handle your case, you’ll be paired with an attorney who will:

• Evaluate your case, free of charge. 
• Identify liable parties and hold them accountable for the suffering they caused you. 
• Gather evidence to support a compelling claim that details the extent of your losses because of the liable party’s negligent actions. 
• Provide support and address any questions or concerns you may have 24/7. 
• Guide you through the legal process from the initial consultation all the way through the final settlement. 
• Advocate for you at trial, if necessary.  

Contact a Personal Injury Attorney at The Barnes Firm Today 

If you’ve experienced pain and suffering as a result of a negligent individual’s actions, you deserve to be compensated. At The Barnes Firm, our dedicated team of California personal injury attorneys will help hold liable parties accountable for their actions while you focus on recovery. Call us today at (800) 800-0000 to discover the true value of your case.  

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes