How is “Pain and Suffering” Calculated in California Injury Cases?
Posted on May 26, 2020 in Personal Injury
If you or somebody you love has sustained an injury that was caused by another person’s negligence, you may be entitled to various types of compensation. This can include coverage of medical bills and lost income as well as various types of pain and suffering damages. However, calculating pain and suffering damages can be complicated and may require assistance from a Sacramento personal injury attorney.
What Are Pain and Suffering Damages?
“Pain and suffering” is a term used to encompass a wide array of injuries they victim may sustain in the aftermath of an accident that causes them harm. In general, these are considered non-economic damages because properly calculating them can be much more difficult and subjective than determining compensation for medical bills and lost wages. Pain and suffering can include the pain a person experiences due to their injuries, emotional trauma caused by the injury, anxiety, mental anguish, loss of enjoyment of life, and more.
Determining Pain and Suffering Amount
There are various ways the pain and suffering damages can be calculated, though there is no clear cut method prescribed by law. The two most popular methods for calculating these damages include the following:
- Multiplier formula. This is generally the most recognized method for calculating pain and suffering damages. This formula will take compensation that is calculable, such as medical bills and lost income as well as other out-of-pocket expenses, and use them to calculate unknown expenses by multiplying them by certain number (usually 1.5 to 4).
- Per diem formula. This formula is generally used by personal injury attorneys. They will ask a jury to assign a daily rate ($100, $200, etc.) to a victim’s pain and suffering and multiply this number by the number of days the jury thinks that the pain and suffering is likely to continue.
There are various other factors that can go into how much pain and suffering will be awarded in a personal injury case. This can include the location in which the injury occurs or where the trial is held, as some communities are more plaintiff-friendly then others.
Importantly, we will generally find that pain and suffering awards will be larger for more severe injuries as well as injuries that lead to a lasting impact on the plaintiff’s life. For example, an injury that prevents someone from working or enjoying daily family activities will usually bring more pain and suffering compensation than an injury in which the plaintiff recovers from in a short amount of time.
Do You Need an Attorney for Your Case?
If you or somebody you love has been injured due to the negligence of another person, you may need an attorney to help secure the compensation you deserve. At Walkup, Melodia, Kelly & Schoenberger, we are ready to thoroughly investigate your case and work to properly calculate any compensation you are entitled to. We are fully aware that methods used by insurance carriers to calculate pain and suffering damages are likely to lead to lower settlement offers. We are not afraid to take on aggressive insurance carriers to obtain maximum compensation for your pain and suffering damages. Contact us today for a free consultation of your case by clicking here or calling your location number on our contact page.