Maison Law represents slip-and-fall victims injured at Home Depot. Calculating the damages of pain and suffering in a slip-and-fall accident will be dependent on several factors such as liability, severity of injuries, and having an experienced Slip-and-Fall Lawyer on your side. At Maison Law, we specialize in handling personal injury cases against major corporations like Walmart, Target, and Home Depot. Contact us today for a no-cost, no-obligation consultation.
Calculating Damages for Pain and Suffering in a California Home Depot Slip-and-Fall Settlement
Assembly Bill 35 was passed in 2024, tackling the amount of pain and suffering can be worth in a personal injury case. Pain and suffering is considered a non-economic damage. The new bill states that all non-death-related, non-economic damages will be capped at $390,000. Other non-economic included in this bill include:
- Loss of consortium
- Loss of enjoyment of life
While there is no fixed template for calculating the monetary value of pain and suffering, here are some factors that will ultimately determine the value of your settlement:
- The extent of recklessness, or intentionally harmful acts committed by the other party
- 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 complicated legal process for determining the value of pain and suffering; it is decided by reasonable consideration from a judge or jury. 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 is Pain and Suffering?
The term “pain and suffering” refers to all forms of psychological and emotional harm a victim may suffer after an accident. These damages are considered non-economic damages because there is no intrinsic value that can be assigned to emotional or psychological harm. Harm is a subjective term because it affects people in very different ways, even if they suffered the same accident. So, determining damages for pain and suffering can be challenging. Some examples of pain and suffering include:
- Physical pain from injuries or treatment
- Insomnia
- Fear
- Psychological trauma
- Anger
- Grief
- Anxiety
- Depression
- Embarrassment or humiliation from mental anguish
- Sexual dysfunction
- Post-traumatic stress disorder
- Reduced quality of life
- Reduced enjoyment of life
- Reduced life expectancy
- Increased susceptibility to future injury or harm
- Loss of consortium
How to Prove Pain and Suffering in a California Home Depot Silp-and-Fall Accident
For pain and suffering, there is no established standard for what a jury or judge can use to calculate a fair amount. It is up to the plaintiff and their lawyer to present evidence of physical pain and emotional trauma to assist them in making their decision. Pain and suffering can be proven using the following evidence:
- Physical pain: typically shown through medical records, this highlights discomfort and agony caused by the injury.
- Mental Anguish: this includes emotional distress, fear, anxiety, anger, and depression, which have stemmed from your injury. This is usually represented in witness statements and therapist reports.
- Loss of enjoyment of life: this is the enjoyment of life you’ve been deprived of because of your injury. This could be a surfer who can no longer surf. Evidence of this can be displayed with past pictures and videos, as well as witness testimony.
- Impact on relationships: injuries affect your ability to maintain relationships, which can put unnecessary stress on a person’s life. This evidence can usually be displayed in a person’s finances if it was a business relationship. It can also be represented with photos and witness testimony.
What Compensation Can I Expect from Pain and Suffering After a Home Depot Slip-and-Fall Accident?
Most slip-and-fall victims will end up wondering what their compensation for pain and suffering will be since it cannot be monetarily 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 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 a skilled Slip-and-Fall Lawyer representing you.
Contact a California Home Depot Slip-and-Fall Lawyer
Most slip-and-fall accident victims cannot rely on insurance to get justice for their pain and suffering. At Maison Law, our expert team of Slip-and-Fall Lawyers will hold the insurance responsible for the full extent of damages and aggressively pursue the maximum amount of compensation on your behalf.
Start the legal process today with a free, confidential consultation by contacting the trusted California Personal Injury Attorneys at Maison Law.
