After a car accident in California, victims can face more than just medical bills, property damage, and lost income. They can also be left with long-term physical pain, emotional distress, and significant lifestyle changes that impact every part of daily life. These damages are also compensable under California state law. However, they can be harder to quantify. Understanding how pain and suffering are calculated is crucial in protecting your rights after an auto accident. Read on and work with a knowledgeable San Mateo County, California motor vehicle accident lawyer for skilled legal advice during your personal injury case.
What Does “Pain and Suffering” Mean?
“Pain and suffering” is a term that describes non-economic damages that arise after an accident and injury. Economic damages include real, tangible, financial losses like medical bills and lost wages. However, the intangible losses a victim sustains are just as important.
Pain and suffering can include anything from the immediate pain of sustaining an injury to long-term conditions like nerve damage, anxiety, depression, PTSD, sleep disorders, and more. Physical pain and emotional distress are real and extremely damaging. It is also possible that an injury will limit a victim’s ability to perform daily tasks like dressing themselves, contributing to the home, or raising their children. They may also be unable to participate in activities they once enjoyed because of physical or mental limitations.
All of these are non-economic damages that can be compensated through a personal injury claim or lawsuit.
How Are Pain and Suffering Calculated in CA?
California state law does not use one fixed calculation for pain and suffering. Instead, settlements are negotiated between attorneys and insurance providers, or decided by a jury if the case goes to trial.
There are different methods for calculating compensation for pain and suffering. Two of the most common are the multiplier method and the per diem method.
The multiplier method multiplies the victim’s total economic damages (like medical expenses and lost wages) by a number typically ranging from 1.5 to 5, depending on the details of the situation. Serious injuries that cause permanent disability or severe trauma may warrant a higher multiplier. For example, if a victim has $50,000 in economic damages and a multiplier of 3 is applied, pain and suffering damages could total $150,000.
The per diem method (with “per diem” translating to “per day”) assigns a daily dollar value to a victim’s suffering, based on the severity and permanence of their injury and its effects. The daily value is then multiplied by the number of days they are expected to experience the pain and suffering. If an injury lasts 180 days at a daily rate of $100, the total would be $18,000 in pain and suffering damages.
Pain and suffering are some of the most important damages in a personal injury case, but they are often contested. Protecting your right to compensation is critical, so work with an experienced attorney during your case.