What is Pain and Suffering in California Personal Injury Law?
Pain and suffering is a legal term of art that contemplates a variety of injuries that an accident victim might endure after an accident. Pain and suffering is highly subjective and more difficult to calculate than economic damages. This element of damages can also be both physical and emotional. In calculating damages for pain and suffering, the affected body parts are critical along with nature of the injuries and their extent. Severe and long-lasting injuries are generally more compensable than those that might last a few months or so.
If you or a loved one have suffered pain and suffering as the result of an injury, contact us today for a free consultation and we will explain your rights to you.
Calculating Pain and Suffering in a California Personal Injury Case
If you were injured in an accident that was caused by the negligent act or failure to act of somebody else, you’re likely eligible to be awarded compensation for your damages. That compensation will include economic damages like your medical bills and lost time from work, or non-economic damages like any permanent disfigurement, disability or pain and suffering. Economic damages are relatively easy to calculate. Just add them up, and you arrive at a sum within a high degree of certainty. On the other hand, non-economic damages like pain and suffering will likely require the input of a quality and experienced California personal injury lawyer at Maison Law.
How is Pain and Suffering Calculated in California?
The two must common methods for arriving at a figure for pain and suffering are the multiplier method and the per diem method. A short description of each one follows:
- Multiplier Method: This method is based on the total amount of economic damages suffered by an accident victim. After that, a multiplier is chosen. Depending on the nature, extent and permanency, if any, of the injury, that multiplier might be between one and five times or even more of the total of economic damages. For example, if an accident victim’s economic damages are $5,000, and a multiplier of three is used, his or her award for pain and suffering would be $15,000.
- Per Diem Method: With this method, a dollar figure is used per day until such time as the claimant has fully recovered. At a dollar figure of $100 per day with six months for a complete recovery, per diem pain and suffering would be $18,000.
Contact a California Pain and Suffering Lawyer Today
No insurance adjuster is going to agree with whatever figure that you claim for pain suffering. It’s his or her job to save their employer as much money as possible on any claim, so that’s what you should expect. You will be serving yourself well by retaining an aggressive, experienced and respected California personal injury lawyer. After being injured in an accident that was caused by the negligent act or failure to act of somebody else anywhere in California, contact us at Maison Law for a free consultation and case evaluation as soon as you can. If we’re retained to represent you, our objective will be to obtain the maximum compensation for your injuries and damages that you deserve.
