Maison Law represents victims of personal injuries in California. Seeking compensation for pain and suffering can seem difficult, but the right law firm can easily assign value to cover all you’ve been through using objective evidence. Contact Maison Law today to understand the true value of your case and partner with an experienced personal injury law firm.
How Do You Prove Pain and Suffering?
Under California law, pain and suffering is considered a non-economic damage. Unlike economic damages, which can be assigned a specific dollar amount, non-economic damages are intangible elements, requiring legal expertise to be proven in a personal injury case. A skilled attorney will prove pain and suffering with objective evidence to bolster your case and increase your chances of maximum compensation. Examples of this evidence include:
- Medical records/medical bills/x-rays/MRIs showing the extent of treatment and time spent recovering
- Photos of property damage and physical injuries, highlighting the severity of your injury
- Before and after videos showing how active you were before you were injured
- Social media activity, texts, emails
- Testimonies given by those who knew you before and after the injury
- Personal journal account of the pain you experienced, recounting everything you went through
- Evidence of missed time at work
- Testimony from experts stating how your injuries contributed to your loss of income and loss of enjoyment of life
Emotional distress is also included in pain and suffering. Testimony of a therapist or expert counselor is appropriate for proving emotional stress if you’ve experienced the following symptoms:
- Anxiety
- Insomnia
- Post-traumatic stress disorder (PTSD)
How Do I Calculate Damages for Pain and Suffering?
California does not have a cap for the amount you can receive for pain and suffering in a personal injury case. While there is no fixed template for calculating the monetary value of pain and suffering, the severity of your accident can help determine its value. Here are some factors to consider:
- The extent of recklessness, or intentionally harmful acts committed by the defense
- How long your injuries have lasted and what permanent damage has been done to your life
- The general physical and emotional distress sustained by others with a similar injury
- The impact your injury has had on your professional career
- The medical treatment received and ongoing treatment required
- Permanent changes to your daily life and if a full recovery can be expected
It is important to know there is no set standard in California law for pain and suffering other than the damages awarded shall be reasonable. There is no complicated legal process for pain and suffering, only reasonable consideration. This is stated in California Civil Code 3359:
“Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered.”
What Compensation Can I Expect from Pain and Suffering for a Personal Injury Case in California?
Most personal injury victims will end up wondering what their compensation for pain and suffering will be. Since pain and suffering cannot be calculated, it will ultimately be up to your attorney to argue for a “reasonable” amount of compensation. If your case is brought before a jury, traditional methods for arguing on behalf of the plaintiff’s pain and suffering are sometimes used, but not always. They include:
- “Per Diem” – per diem means asking the jury to compensate for each day the suffering has and will occur. Whether your suffering has lasted 5 years, or will last the rest of your life, per diem is a straightforward way for the jury to calculate the value of pain and suffering.
- “The Price of Pain” – severe injuries will require constant treatment such as pain relievers, cortisone shots, or weekly doctor visits to live their daily lives. A price for living and treating this pain can be calculated from this and assigned to your pain and suffering.
- “Golden Rule” – this rule asks the jury to put themselves in the plaintiff’s shoes and determine how much they would charge the defense if they had to suffer through the same thing.
These methods can be used to help the jury determine the value of your pain and suffering, but ultimately the detail of your case and the evidence provided will play a large role in their decision. That’s why it is important to have an experienced attorney representing you in your personal injury case.
Contact a Personal Injury Lawyer in California
If you or a loved one have been involved in a personal injury accident in California, Maison Law is here to get you the compensation you need. Our team of experienced accident attorneys understands the outrageous prices the medical industry charges accident victims and we will aggressively pursue the liable party for the full extent of your medical damages. Contact Maison Law today for a free consultation and case evaluation. There are no hidden fees and you will not be charged a cent until we’ve won your case.
