In a personal injury case, pain and suffering refers to a type of compensatory damages. The goal of pain and suffering damages is to compensate the victim for the physical and mental pain they endure as a result of someone else’s wrongful conduct.
What Are Pain and Suffering Damages?
Pain and suffering are a form of non-economic damages, as they compensate the victim for non-financial harm suffered. Examples of physical and psychological pain that may warrant pain and suffering damages include:
- Grief
- Inability to sleep
- Physical pain from injuries or treatment for those injuries
- Anxiety
- Stress
- Emotional trauma
- Fear
- Anger
- Depression
- Humiliation or embarrassment
- Post-traumatic stress disorder
- Sexual dysfunction
- Reduced quality of life
Calculating Pain and Suffering Damages
Calculating pain and suffering damages is difficult for two main reasons. First, California has no law that establishes a standard for setting an amount for pain and suffering damages. The only requirements are that the amount be “reasonable” and that there’s no cap on the amount a judge or jury can award a plaintiff.
Second, it’s hard to quantify, or “put a price” on someone’s pain. Unlike economic damages where there’s an invoice, estimate, bill, or receipt to show how much something cost the victim, there’s no such document for showing the cost of a sleepless night, for instance. When trying to calculate a pain and suffering damage amount, factors to consider include:
- How long the plaintiff had to endure the pain of their injuries.
- Whether there’s permanent scarring or other long-lasting effects from the injuries.
- The effect the injuries have on the plaintiff’s personal life or career.
- The effect the injuries have on other people close to the plaintiff, including any impact on the plaintiff’s personal relationships.
Proving Pain and Suffering Damages
Because of their inherently subjective nature, proving pain and suffering damages and establishing a fair number is difficult. A plaintiff’s attorney will try to portray the plaintiff as a likeable and sympathetic person as much as possible. They may also call expert witnesses who can testify as to the psychological effect the injuries can have on a person in general, as well as the plaintiff as an individual.
Talk to a Pain and Suffering Personal Injury Lawyer from Maison Law
It’s not fair that someone else’s recklessness, carelessness, maliciousness, or negligence has caused you so much suffering. Thankfully, California law recognizes this by making the recovery of pain and suffering damages possible. But these are among the hardest damages to calculate and prove, so they often become a point of contention during settlement negotiations or jury deliberations.
Due to their challenging nature, it’s important to have a personal injury lawyer to help you recover these damages. Their subjective characteristics make them no less real, so let a lawyer from Maison Law help you recover what you deserve. Contact us today to set up a free, no-obligation case evaluation and consultation. You pay us nothing until we can recover money for you.
