Pain and suffering damages are an important part of a personal injury claim in California. The purpose of these damages is to compensate the injured person for the physical and emotional distress they experienced as a result of the injury. The amount of pain and suffering damages awarded to an injured person depends on the severity of the injury and the degree of pain and suffering experienced.
In California, there are two methods used to calculate pain and suffering damages: the per diem method and the multiplier method. Under the per diem method, a court will assign a dollar amount to each day of pain and suffering experienced by the injured person. This amount is then multiplied by the number of days the injured person experienced pain and suffering to arrive at the total amount of pain and suffering damages.
Under the multiplier method, a court calculates pain and suffering damages by multiplying economic damages (medical bills, lost wages, etc.) by a number between one and five to arrive at pain and suffering damages. The value of the multiplier depends on the degree of your pain and suffering. For example, if the court assigns a multiplier of three to your case, the amount of economic damages will be multiplied by three to arrive at the total amount of pain and suffering damages.
It is important to note that pain and suffering damages are subjective and can be difficult to calculate. In California, the court will consider a variety of factors when determining the amount of pain and suffering damages, including the severity of the injury, the duration of the pain and suffering, and the impact the injury has had on the injured person’s life.
When filing a personal injury claim in California, it is important to understand how pain and suffering damages are calculated. By understanding the two methods used to calculate pain and suffering damages, you can be better prepared to make a strong case for the amount of compensation you deserve.
