You might receive a settlement for your pain and suffering when you get hurt in an accident. This is a way to compensate for the physical pain and emotional distress caused by the injury.
Pain and suffering can include feelings of depression, anxiety, grief, and anger. It also covers the loss of enjoyment of life, physical pain, and any disfigurement or impairment the injury causes. However, pain and suffering doesn’t include medical bills, lost wages, lost earning capacity, property damage, or legal costs.
What Are Pain and Suffering Damages?
In California, “pain and suffering” damages are a form of compensation in personal injury lawsuits. This compensation is for the physical and mental pain you endure from an injury. It falls under compensatory damages, specifically non-economic damages, meaning they compensate for losses that aren’t directly tied to financial expenses.
The amount you can receive depends on various factors, such as the accident type, injury severity, its impact on your job and relationships, the healing time, and the medical treatment you need. There’s no fixed rule for calculating these damages, but physical and emotional trauma evidence can help a judge or jury decide on a fair amount.
Calculating Pain and Suffering: Common Methods
While there is no set standard for calculating pain and suffering, jurors may use a few methods when determining your award or when claim adjusters are determining a settlement amount, such as:
Multiplier Method
This method involves adding up all your economic damages, like medical bills and lost wages, and multiplying the total by a number, usually between 1 and 5. The severity of your injury will dictate the multiplier you use, with more severe injuries warranting a higher number.
Per Diem Method
The per diem method calculates a daily rate based on your daily earnings before the accident. This method assigns a specific monetary value to each day you suffer due to your injury.
Caps on Pain and Suffering Awards
Some states limit the amount you can receive for pain and suffering; However, California does not impose any caps on compensatory damages, giving injury victims more flexibility in seeking fair compensation.
The Importance of Consulting an Injury Attorney
Consulting with a personal injury attorney is crucial if you’ve been injured in an accident. They can help you understand whether this applies to your case and assist in calculating the compensation you might recover. Legal expertise is invaluable in navigating the complexities of personal injury claims and ensuring you receive the compensation you deserve.
