Pain and suffering are just one of the types of non-economic damages you can get in a personal injury case, including wrongful death cases. Pain and suffering refer to the psychological turmoil that your injuries caused.
This guide will help you understand how pain and suffering are calculated in California, and how different situations may affect your ability to claim pain and suffering damages. However, it takes an experienced attorney familiar with your case to determine whether or not pain and suffering damages are possible, and if so, by how much. Contact us today for a free consultation.
In the multiplier method, a multiplier is assigned to your pain and suffering based on the circumstances. The multiplier can be anywhere from .5 to 5, and it is multiplied by your economic damages. So if your economic damages are $350,000, and your multiplier is .5, your pain and suffering damages would be $175,000.
The multiplier is typically determined by a jury at trial. However, this method is sometimes used in settlement negotiations as well. Although not true of our example, pain and suffering damages using the multiplier method typically outweigh economic damages.
The per diem method involves assigning a daily value to your pain and suffering. This value is then multiplied by the number of days you suffered. So, if your recovery was six weeks, and the value is $100, you would be awarded $52,000 for pain and suffering damages.
The per diem method is most often used by personal injury attorneys. However, the value given to your daily pain and suffering may be determined by a jury if your case goes to trial. Likewise, the jury can make a determination as to how long your pain and suffering is likely to continue.
California uses pure comparative fault to determine damages in personal injury cases. This means that if you are found to be partially at fault for an accident, you can only receive partial damages. Section 1431.2 extends this to noneconomic damages like pain and suffering.
For example, let’s say that you were found to be 30% at fault for a car accident. You are only entitled to receive 70% of the damages in your case. Therefore, the total amount of pain and suffering damages calculated by either the multiplier or the per diem method is decreased by the percentage by which you were at fault.
There are four other laws that affect your ability to get pain and suffering damages.
In general, claims for pain and suffering must be filed within two years of the physical injury. It is difficult to get pain and suffering damages if you did not suffer a physical injury. There may also be practical limits, such as the defendant’s ability to pay.
Pain and suffering are purely psychological in nature, so how are they proven? You need a good attorney to gather the right evidence based on your circumstances.
The evidence your attorney should gather to prove pain and suffering include:
Proving pain and suffering can be a difficult matter. It is important to not only prove that you have suffered but also to what extent. The extent of your pain and suffering is every bit as important to your case, as this is what determines how much you will be awarded.
The Pollard Firm has years of experience representing Californians in personal injury cases, winning large settlements and jury trial awards for pain and suffering. You may think that pain and suffering don’t amount to much of your claim, but hopefully, this guide has shown how big the difference can be.
If you have been in an accident and suffered for your injuries, please contact us for a free consultation and review of your case. Our attorneys can determine the right amount of pain and suffering for which to ask on your behalf, and we are not afraid to take your case to trial.
Pain and suffering are just one of the types of non-economic damages you can get in a personal injury case, including wrongful death cases. Pain and suffering refer to the psychological turmoil that your injuries caused.
This guide will help you understand how pain and suffering are calculated in California, and how different situations may affect your ability to claim pain and suffering damages. However, it takes an experienced attorney familiar with your case to determine whether or not pain and suffering damages are possible, and if so, by how much. Contact us today for a free consultation.
In the multiplier method, a multiplier is assigned to your pain and suffering based on the circumstances. The multiplier can be anywhere from .5 to 5, and it is multiplied by your economic damages. So if your economic damages are $350,000, and your multiplier is .5, your pain and suffering damages would be $175,000.
The multiplier is typically determined by a jury at trial. However, this method is sometimes used in settlement negotiations as well. Although not true of our example, pain and suffering damages using the multiplier method typically outweigh economic damages.
The per diem method involves assigning a daily value to your pain and suffering. This value is then multiplied by the number of days you suffered. So, if your recovery was six weeks, and the value is $100, you would be awarded $52,000 for pain and suffering damages.
The per diem method is most often used by personal injury attorneys. However, the value given to your daily pain and suffering may be determined by a jury if your case goes to trial. Likewise, the jury can make a determination as to how long your pain and suffering is likely to continue.
California uses pure comparative fault to determine damages in personal injury cases. This means that if you are found to be partially at fault for an accident, you can only receive partial damages. Section 1431.2 extends this to noneconomic damages like pain and suffering.
For example, let’s say that you were found to be 30% at fault for a car accident. You are only entitled to receive 70% of the damages in your case. Therefore, the total amount of pain and suffering damages calculated by either the multiplier or the per diem method is decreased by the percentage by which you were at fault.
There are four other laws that affect your ability to get pain and suffering damages.
In general, claims for pain and suffering must be filed within two years of the physical injury. It is difficult to get pain and suffering damages if you did not suffer a physical injury. There may also be practical limits, such as the defendant’s ability to pay.
Pain and suffering are purely psychological in nature, so how are they proven? You need a good attorney to gather the right evidence based on your circumstances.
The evidence your attorney should gather to prove pain and suffering include:
Proving pain and suffering can be a difficult matter. It is important to not only prove that you have suffered but also to what extent. The extent of your pain and suffering is every bit as important to your case, as this is what determines how much you will be awarded.
The Pollard Firm has years of experience representing Californians in personal injury cases, winning large settlements and jury trial awards for pain and suffering. You may think that pain and suffering don’t amount to much of your claim, but hopefully, this guide has shown how big the difference can be.
If you have been in an accident and suffered for your injuries, please contact us for a free consultation and review of your case. Our attorneys can determine the right amount of pain and suffering for which to ask on your behalf, and we are not afraid to take your case to trial.
It's not hard to find lawyers who care about their clients. What’s rarer is to find a team with the depth of knowledge and the legal experience to seek meaningful results. At The Pollard Firm, we strive to be that team that honors where you come from, who you are today, and where you're headed tomorrow.
