How To Calculate Pain And Suffering In California

Updated: Apr 21

How Non-Economic Pain And Suffering Damages Are Calculated In California

If you are experiencing pain and suffering due to someone else's negligence, you might be entitled to compensation for both physical and emotional pain and suffering. Because each personal injury case has its own set of facts and circumstances, pain and suffering assessments and payouts will vary depending on the nature of the event and the severity of the injuries.

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Pain and Suffering Damages: An Overview

Damages in personal injury claims, including pain and suffering, include compensation for having to experience bodily and emotional pain and suffering that you would not have had to go through if the injury accident had never happened.

While there is no exact measurement or standard by which pain and suffering damages are determined, courts typically consider the facts in a personal injury lawsuit to determine what is fair and just in light of the victim's circumstances.

That said, it's best to have a prescreened California Attorney For Personal Injury to help you calculate damages, collect evidence, and submit required paperwork.

How Pain and Suffering Is Calculated

Each personal injury claim is unique, so the computations for pain and suffering will vary depending on the facts and circumstances. However, in a personal injury case, there are two methods for calculating pain and suffering:

  • Multiplier Method. The multiplier approach is used when the victim's real damages (medical costs, lost income, etc.) total a particular sum and are then multiplied by a figure based on the severity of the injury to get the pain and suffering computation amount. In most cases, the multiplier is between one and five.

  • Per Diem Method. The per diem system involves allocating a specified cash sum to each day between the accident and the victim's maximum medical recovery. "Maximum recovery" refers to when a medical professional believes a victim's condition will not improve.

Aside from the two ways listed above, an insurance company may utilize other methods to calculate pain and suffering.