Maison Law represents slip-and-fall injury victims in California. When you consider compensation for a slip-and-fall injury, you may only think of tangible losses such as medical bills, travel costs, or lost wages. But a large portion of the financial recovery you can receive can come from “pain and suffering” if you have a skilled Slip-and-Fall Lawyer handling your case.
If you’d like to understand the full value of your injury, contact us today for a free consultation.
Calculating Damages for Pain and Suffering?
Since Assembly Bill 35 was passed, starting in 2024, the non-economic damages cap will be $390,000 in non-death cases and $550,000 in wrongful death cases. These non-economic damages include:
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
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 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 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
What Compensation Can I Expect from Pain and Suffering After a Slip-and-Fall Accident in California?
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 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 attorneys at Maison Law.
