Pain and suffering refers to the physical pain and emotional distress experienced by an injured victim in a personal injury accident. When someone else behaves negligently and causes your injuries, you have a right to compensation.
However, determining the exact value of pain and suffering damages is complex. These noneconomic damages cannot be quantified in the same way as medical expenses or lost wages. There are many factors to consider when determining the amount of pain and suffering damages in personal injury cases.
At Brown & Gessell, we specialize in representing injured victims in California. This article details pain and suffering examples in California to provide you with insights on how we can help you navigate the legal process and get a fair settlement.
What Types of Pain and Suffering Damages Can You Seek in a Personal Injury Claim?
In personal injury claims, pain and suffering damages allow for compensation of a victim’s pain. This may be physical pain as well as the emotional distress caused by the accident.
Pain-Related Damages
Pain is any physical discomfort, distress, or agony a victim experiences as a result of their injuries. This includes the immediate pain starting at the moment of injury as well as any ongoing or chronic pain that continues as they recover. Physical pain can be from the injuries or even from the surgical procedures and medical treatments required for recovery.
Suffering Damages
Suffering pertains to the emotional distress an accident victim endures after a personal injury such as a car accident. These tend to include mental anguish, emotional trauma, depression, anxiety, fear, and loss of enjoyment of life. Suffering often extends beyond the immediate injury, impacting the victim’s life quality.
What Is the Average Pain and Suffering Award in a California Personal Injury Case?
If you have minor injuries or emotional stress that has a low impact on your daily life, it would be considered minimal pain and suffering. This may be in the form of minor bruises or sprains, or short-term anxiety issues. In these cases, your pain and suffering settlement may be anywhere from $5,000 to $15,000.
Moderate pain and suffering usually involves more serious physical injuries such as bone fractures and significant emotional distress. This can have a greater impact on your life, which is why these pain and suffering settlements can range from $20,000 to $50,000.
The pain and suffering settlement amount for extreme levels of pain is reserved for more severe injuries or catastrophic injuries. These tend to include permanent disabilities and extensive emotional trauma that significantly alter your quality of life. Generally, you can expect $75,000 or more for these impacts.
An experienced personal injury lawyer can provide you with an accurate assessment based on the specifics of your personal injury case and work to seek compensation on your behalf.
Factors that Influence Pain and Suffering Settlements
In personal injury lawsuits, calculating pain and suffering will depend on a variety of factors. Here is a look at the factors that can impact your pain and suffering compensation.
Severity of Injuries
The more severe your injuries are, the higher your pain and suffering award. Injuries such as traumatic brain injury, spinal cord damage, or permanent disfigurement will command a larger amount of pain and suffering compensation.
Duration and Permanence
Additionally, if your injuries result in chronic physical conditions and emotional suffering, you may receive higher pain and suffering awards as you will need to endure these conditions for longer.
Impact on Your Daily Life
If your injury creates a diminished quality of life, this will be reflected in your personal injury claim. You may have limited mobility or be unable to participate in hobbies you once loved. Additionally, the need for ongoing medical care can translate to a higher settlement amount.
Emotional Distress
The mental suffering you endure will be factored into the equation. These things can include post-traumatic stress disorder (PTSD), anxiety, and depression can all cause tremendous emotional pain after a personal injury.
Medical Treatment
Ongoing medical costs may mean you need additional surgeries, therapy, and medication. These medical bills need to be considered when determining the amount of pain and suffering damages.
An experienced personal injury attorney can review your case and determine a sufficient amount for your pain and suffering.
How Is Pain and Suffering Calculated for Personal Injuries?
Two primary methods are commonly used to calculate pain and suffering.
The Multiplier Method
The multiplier method requires multiplying your economic damages like medical expenses and lost wages by a multiplier, usually a number between 1.5 and 5. This factor will reflect the severity of your injuries, the impact these injuries have had on your life, and the duration and permanence of the suffering you have endured.
As an example, if your medical expenses and lost wages were determined to be $60,000 and your multiplier is set at three for moderate pain and suffering, then you could calculate pain and suffering by multiplying these numbers together for a total of $180,000 in addition to your economic damages.
The Per Diem Method
By contrast, the per diem method provides a fixed daily rate for the pain and suffering you have endured from your accident. This rate will often be determined by the judge or jury’s assessment of the severity as well as the impact your injuries have had on your life.
The per diem rate is multiplied by the number of days you are expected to suffer in this way. For example, if you are assigned a per diem rate of $300 and you are experiencing pain and suffering for 400 days, then the amount would be $120,000.
How Does a Personal Injury Lawyer Prove Pain And Suffering?
Attorneys use many strategies to help prove pain and suffering in personal injury cases. Medical records provide an objective view of a victim’s injuries and total pain, including future pain. Medical experts may also be called in to provide testimony to substantiate your claim.
Witnesses may be instrumental as well since your family, friends, and colleagues can provide vital firsthand accounts of your pain and level of suffering. Your own testimony can help show the physical and emotional challenges you have endured since this event occurred. You may now have limitations that have disrupted your mental well-being.
Psychological evaluations can further demonstrate the emotional harm your injuries have had on your life as a result of the at-fault party’s actions. Additionally, your attorney will use photos, videos, medical illustrations, and other visual aids to help the judge or jury understand the degree to which you have suffered.
Does California Law Limit Compensation for Pain and Suffering?
The laws in California limit compensation for pain and suffering only in certain cases, specifically medical malpractice cases. The Medical Injury Compensation Reform Act (MICRA) caps non-economic damages, which include pain and suffering, to $350,000. If it is a wrongful death case from medical malpractice, the capped amount is $500,000.
The cap does not apply to other types of personal injury lawsuits like slip and fall accidents, motorcycle accidents, or car accidents. With a strong case, you can recover your economic damages like medical bills for your bodily injury along with your non-economic damages like pain and suffering from emotional injuries without any imposed limitations.
How to Maximize a Settlement Amount in California
Determining pain and suffering involves many factors. You’ll consider your physical injury and medical bills along with intangible items to calculate a fair amount. However, the insurance company may not readily provide the proper compensation you deserve.
If you are a car accident victim or have been injured in another way by someone else’s negligent actions, the best way to maximize your settlement is to work with a personal injury lawyer. They can help protect your rights while advocating for a fair settlement from the insurance company or taking it to trial.
Brown & Gessell has the experience you need to represent you in your time of need. Contact our legal team today to find out how we can help maximize your settlement.