In California, there is no fixed amount for pain and suffering compensation. There are two methods for calculating pain and suffering so victims can receive fair compensation for losses unrelated to finances. Depending on your situation, we may use the Per Diem Method or the Multiplier Method to determine a specific dollar amount. HHJ Trial Attorneys helps claimants understand their rights and accurately represent their experience.
Assigning value to physical pain and emotional suffering is one of the most challenging aspects of personal injury claims. Unlike medical treatments, pain and suffering damages don’t come with a receipt. Because the losses are subjective, they are more difficult to prove, so we have to approach valuations differently. Despite the absence of outward signs, pain and suffering are treated with the same consideration in California courts.
What Is Pain and Suffering?
Pain and suffering are non-economic damages you can claim for harm that isn’t easily quantifiable. Physical pain includes chronic pain, headaches, mobility limitations, nerve damage, and any ongoing physical discomfort. Emotional suffering covers anxiety, depression, PTSD, loss of enjoyment of life, and lingering psychological trauma caused by the incident. Pain and suffering vary from person to person, depending on pain tolerance and health status.
Two people can have the same injury, but experience the effects differently. The psychological repercussions will also be vastly different because emotions are so difficult to measure. Insurers often fight pain and suffering because there is no fixed amount. Victims may be accused of exaggerating their pain or lying about mental health symptoms. The turmoil of these accusations can actually exacerbate the severity of the victim’s mental anguish.
How Do I Prove Pain and Suffering in California?
When a claimant files a personal injury claim, insurers and defense attorneys ask for evidence to support the claim. Thorough documentation is critical during negotiations as it substantiates the victim’s experience and validates their pursuit of fair compensation. The more evidence a victim has, the more likely they are to receive a higher settlement offer. Some of the most persuasive pieces of evidence can include:
- Medical records starting from the date of the incident
- Recovery journals detailing how the injury affects your life
- Pain management records
- Photos and scans depicting the injuries throughout recovery
- Statements from friends, family, and colleagues
- Reports from mental health professionals
- Expert testimony from physicians and life planners
What Is the Per Diem Method for Calculating Pain and Suffering?
The per diem method assigns a daily value to the claimant’s pain and suffering. This daily rate calculation is used when the victim’s recovery has a clear timeline. Broken bones are one example because it’s easy to track the recovery, and there is considerable data to support the severity of such injuries. A victim may be assigned a daily rate of $200, which typically reflects the income they lose during recovery.
The daily rate is then multiplied by the number of days to recovery. So, a $200 daily rate over 90 days would yield the victim $18,000 in pain-and-suffering compensation. The per diem method can be contentious if either the insurer or the victim disagrees with the rate. At HHJ Trial Attorneys, we have many years of experience negotiating per diem rates to secure fair amounts for our clients. Pain and suffering may be subjective, but we believe that they are valid damages.
How Is the Multiplier Method Used to Calculate Pain and Suffering?
The multiplier method uses economic damages as the basis for the calculation. Economic damages include quantifiable losses such as medical bills, lost wages, adaptive equipment costs, and property repair expenses. The amount is then multiplied by a factor of 1 to 5, depending on the severity of the victim’s injuries. This method is typically used for serious injury cases where the recovery period isn’t as clear and the long-term effects are severe.
For example, if a claimant’s economic damages total $100,000 for medical bills, long-term physical rehabilitation, and reduced earning capacity, their multiplier may be 3 due to the lasting consequences of the injuries. In this situation, the $100,000 in economic damages, multiplied by 3, equals $300,000 in non-economic damages. Economic and non-economic damages are then combined, resulting in $400,000 total compensation.
Wondering what your pain and suffering claim may be worth? Get a free case evaluation from an experienced attorney.
Request a Free ConsultationWhat Factors Can Affect The Value of Pain and Suffering Compensation?
Because each case is different and pain and suffering are subjective, several factors are considered to determine the value of the victim’s suffering. Factors such as pre-existing conditions, comparative fault, and where the case is filed can affect pain-and-suffering valuations. Your attorney can make the calculation process significantly easier. Some of the most common factors used in these calculations include:
- Recovery timeline
- Injury severity
- Functional abilities
- Long-term medical care
- Permanent repercussions
- Available supporting evidence
Can My Attorney Help Me Get Compensation for Pain and Suffering?
An important part of any personal injury claim is addressing the victim’s losses beyond the financial impact. Your psychological experience during the incident and recovery period is a major part of what you have lived through. Focusing solely on economic damages does victims a disservice by disregarding any suffering that lacks a dollar amount. If you’ve been injured and you want to pursue legal action, contact HHJ Trial Attorneys to schedule a free consultation with one of our personal injury experts.
