If you were injured in an accident in California, you probably already know you may be entitled to compensation for your medical bills and lost wages.
But did you know you may also be able to recover damages for pain and suffering?
When it comes to pain and suffering, California law allows accident victims to recoup these losses.
However, understanding how to calculate pain and suffering damages and the factors that affect their calculation can help you strengthen your claim and maximize compensation.
For a free consultation, please contact us online or by phone at (408) 848-2208.
Our experienced Hollister, California injury lawyers are eager to assist you.
Can You Sue for Pain and Suffering in California?
Typically, the answer to “Can you sue for pain and suffering?” is yes. In California, you can sue for pain and suffering if someone else’s negligence caused your injuries.
Examples include, but are not limited to, car accidents, slip and fall incidents, and medical malpractice.
The key to winning a claim for pain and suffering compensation is presenting compelling evidence demonstrating your injury’s severity and how it impacts your quality of life.
What is Pain and Suffering Compensation?
Pain and suffering compensation is a type of noneconomic damage that covers the physical and emotional distress your injuries caused.
Unlike economic damages, which include medical expenses or lost wages, pain and suffering damages compensate for your injury’s intangible effects, including:
- Physical pain and discomfort;
- Emotional trauma, anxiety, and depression;
- Loss of enjoyment of life; and
- Permanent disfigurement or disability.
However, since these damages are subjective and can vary significantly, it’s crucial to understand how California courts and insurance companies evaluate and calculate them.
Can You Explain How to Calculate Pain and Suffering in California?
Since there isn’t a set formula, knowing how to calculate pain and suffering in California can be confusing. However, there are various methods to determine a reasonable award.
One standard method is the pain and suffering multiplier, where you multiply your total economic damages (medical expenses, lost wages, etc.) by a number typically ranging from 1.5 to 5, depending on your injury’s severity.
Others are the “per diem” and “comparable case” methods.
Pain and Suffering Multiplier
Here are two examples of how courts might apply a multiplier in a California personal injury case.
Example 1
Suppose your economic damages—including medical bills, lost wages, and other quantifiable losses—amount to $30,000.
Your injury’s severity is moderate, but you experience significant ongoing pain and require several months of physical therapy. In this case, the court might choose a multiplier of 2. This calculation means the court would value your pain and suffering damages at $60,000 (or $30,000 in economic damages multiplied by 2).
Factors influencing this multiplier could include:
- Moderate but prolonged pain and suffering,
- Temporary but impactful limitations on daily activities and work, and
- Evidence of negligence by the at-fault party without gross recklessness.
Now, let’s compare this scenario to a more severe injury.
Example 2
Imagine a situation where your economic damages total $80,000 because your severe injuries resulted in permanent disability and a significant reduction in your quality of life. Because the injury prevents you from working in your previous capacity and affects your ability to perform basic daily activities, the court assigns a multiplier of 4. Here, your pain and suffering damages would come to $320,000 (economic damages of $80,000 multiplied by 4).
Other factors influencing this higher multiplier might include:
- The at-fault party’s negligence is particularly egregious or reckless, and
- Compelling and credible medical evidence and expert testimony supports the injury’s permanence.
These examples demonstrate how courts consider an injury’s tangible and intangible effects and tailor the multiplier method to reflect each case’s unique circumstances and supporting evidence.
The Per Diem Method
This method assigns a specific dollar amount to each day you experience pain and suffering from your injury. Courts then multiply this daily rate by the days medical and other professionals expect you to endure the pain and suffering. For example, if your daily rate is $200 and experts expect you to suffer for 180 days, your pain and suffering damages amount to $36,000.
The Comparable Case Method
This method compares your case to similar cases with similar injuries and circumstances that plaintiffs settled or courts resolved. By examining the amounts courts awarded or plaintiffs settled for in comparable cases, estimators can determine an appropriate value for pain and suffering in the current case.
How Much Can You Sue for Pain and Suffering?
How much you can sue for pain and suffering in California varies widely. No ceiling exists in personal injury claims except for medical malpractice cases.
However, factors that often influence the calculation include:
- Your injury’s severity,
- Your supportive evidence,
- Your injury’s impact on your daily life,
- Your portion of responsibility for the accident, and
- The egregiousness of the other party’s actions.
Generally, the amount you can sue for will depend on the totality of these elements.
How Does CCP 377.34 Affect Pain and Suffering Damages in Survival Actions?
A significant development in California law is an amendment to the California Code of Civil Procedure (CCP), Section 377.34, which allows surviving family members to recover pain and suffering damages on the deceased’s behalf through survival actions.
Under Section 377.34, the decedent’s representative or successor in interest can claim damages for a decedent’s pain, suffering, or disfigurement as long as it is not a product of medical malpractice and:
- The action or proceeding was given preferential trial setting status under CCP §36 (preferential trial setting) before January 1, 2022; or
- The action was initiated on or after January 1, 2022, and before January 1, 2026.
Failure to meet these timing requirements may result in losing the right to recover these damages.
If You Are Experiencing Pain and Suffering, California Firm Gonzalez & Jones, APC Will Fight for You
At Gonzalez & Jones, APC, we believe every voice deserves to be heard and every injury compensated. With over 40 years in business, our experienced attorneys are part of a family-run boutique firm providing trusted legal expertise, unwavering client advocacy, and a personalized approach to every case.
If you suffered an injury in an accident, don’t wait to get the compensation you deserve. Book a free case review today and speak directly with a skilled lawyer who will stand by your side, fighting for your rights every step of the way. You can call us directly at (408) 848-2208 or you can contact us online.