Updated: Sep 25, 2022
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.
Pain and Suffering Damages in California: 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 in California
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.
Do remember that the amount of damages your California Personal Injury Lawyer still needs to be proven in court. Your California personal injury lawyer will find proof, such as documents and witness statements, to justify the price you've put on pain and suffering.
Proving Pain and Suffering in California
If you're seeking actual damages in a personal injury case, such as medical costs or lost income, these figures are simple to find and compute.
However, pain and suffering are frequently entitled to be included in a personal injury claim and to be compensated, so the documentation and evidence you provide to the insurance company or the court must substantiate and convey the actual pain and suffering you've experienced as a result of your accident:
Keep track of all medical appointments, including mental health therapy sessions.
Include any written views or notes from mental health specialists or medical doctors about the scope and type of your disease, as well as how it will affect your life far beyond the physical harm.
Include the testimony and opinions of additional neutral third-party expert medical witnesses who can vouch for the evidence presented by your doctor or therapist.
Provide a detailed inventory of all drugs administered in the aftermath of the accident, as well as what medications must be taken indefinitely, including pain relievers for both physical and mental discomfort.
Any permanent, life-threatening, or crippling conditions should be documented.
Create and provide a detailed notebook detailing your daily activities, pain scales, and how the event affected your life and modified your capacity to accomplish everyday tasks.
Provide witness testimony from friends and family members that describes your everyday pain and suffering and how your accident has affected your daily life.
Expert medical witnesses' documentation, combined with your own personal journal and testimonies from family and friends, can often provide extremely valuable and persuasive testimonies that persuade an insurance company, a judge, or a jury that your pain and suffering impacted and devastated parts of your life.
In addition, others will better comprehend your terrible journey following an accident caused by someone else's negligence if you can elicit sympathy for your genuine pain and suffering.
Consult a California Attorney For Personal Injury to build a solid case for your pain and suffering claim.
Calculating Damages for Pain and Suffering
When determining what type of damages are given for pain and suffering, insurance companies, judges, and juries consider a variety of variables. However, they will frequently examine the following:
The defendant's negligent action was particularly egregious.
The victim's injuries were severe.
The entire physical and mental suffering experienced by those who have sustained such types of injuries
The effects of your injuries on your life
Your place of work
Your health and how long it will take for the damage to heal
What medical treatment the sufferer has undergone and will require in the future
The injury's long-term prognosis
Every case involving pain and suffering is unique, and damage assessments for each personal injury litigation will also be subjective. However, in most accident situations, there are two sorts of computations used to determine compensation for pain and suffering.
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