If you are injured because of another party’s negligence, intentional acts, or other wrongdoing, you could be entitled to compensation for the harm and loss you suffer. The damages include financial losses (economic damages) such as medical bills, lost wages, and out-of-pocket expenses.
However, you also experience pain and suffering because of the injuries and trauma from the accident. These damages are included in the broader category of non-economic damages, which include:
- Physical pain and discomfort
- Mental anguish and emotional distress
- Scarring and disfigurement
- Loss of enjoyment of life
- Impairments and disability
- Diminished quality of life
The physical and emotional harm caused by injuries and accidents can result in life-altering psychological and physical impairments. You may be unable to work, perform activities of daily living, or function at the same level as you did before the injuries.
Pain and suffering damages compensate you for your losses. They compensate you for the harm caused by another party’s conduct. But first, you must prove you sustained the damages. Then, you calculate how much your claim is worth.
How Much Can I Receive for My Pain and Suffering Damages in a California Personal Injury Case?
It is impossible to put a price on pain and suffering. However, that is exactly what we must do in a personal injury case.
The courts cannot undo what happened to you. They can only hold the responsible party financially accountable for the harm they caused you. To do so, we must place a value on pain and suffering. The multiplier method is the most common method of calculating pain and suffering damages.
The multiplier method uses the amount of your economic damages and a multiplier to determine how much your non-economic damages are worth. The multiplier is a number between 1.5 and 5. Determining that number is a difficult step in the process.
Generally, the multiplier increases as the severity of your injuries increases. However, we analyze numerous factors to determine the severity of all aspects of your injuries.
Factors used to determine the severity of your pain and suffering damages include:
- The type of injuries you sustained
- The medical treatments used to treat your injuries
- The duration of your recovery
- Your appearance before and after the injuries (i.e., disfigurement and scarring)
- Your ability to care for your personal needs and activities of daily living, such as bathing, grooming, dressing, feeding, and more
- Whether you sustained a permanent impairment or disability
- The severity of any permanent impairments
- Your ability to return to work or perform any type of work to earn an income
- Your psychological injuries, such as developing chronic depression, PTSD, debilitating anxiety, and more
- How your injuries and impairments affect your relationships with family, friends, and others
- Whether you can have children and/or take care of your children
- Your ability to have intimate relationships with a partner
As the severity of the above factors increases, the multiplier increases. For instance, the multiplier for a case involving a broken leg that does not cause any lasting impairments might be 2.5 or 3, depending on the other factors. By contrast, a person who sustains a spinal cord injury that results in complete paralysis must have a multiplier of 5.
Negotiating a Settlement for Pain and Suffering Damages With the Insurance Company
The insurance company will downplay your pain and suffering damages. It will argue for a lower multiplier to limit the amount of your damages. However, you can use the evidence in your case to establish the extent of your physical and emotional pain and suffering.
Evidence used to prove pain and suffering damages includes:
- Photographs of your injuries throughout your recovery
- Medical records
- Personal documentation, including a pain and suffering journal
- Statements and notes from your doctors, therapists, and counselors
- Opinions from expert witnesses
- Testimony and statements from your family and friends
A pain and suffering journal includes your recovery details, including activities you miss, things you cannot do, your emotional state, and daily pain levels. The more information you can provide, the stronger your case for pain and suffering damages. A judge and jury must “feel” the negative impacts of your injuries on your life and emotional well-being.
Common Types of Accidents and Incidents That Lead to Pain and Suffering Damages
Any type of accident or personal injury can cause pain and suffering. If another party caused an accident or situation that led to an injury, you likely suffered physically and emotionally. Common accidents and incidents that lead to pain and suffering include:
- Motor vehicle accidents, including crashes involving trucks, motorcycles, cars, scooters, buses, pedestrians, and bicyclists
- Slip and fall accidents and other premises liability claims
- Medical malpractice claims
- Product liability claims
- Construction accidents and other workplace accidents
- Dog bites and animal attacks
If you are injured in an accident, seek immediate medical treatment. When you file a personal injury claim, you must prove the other party’s conduct caused your injuries to recover damages. Delays in medical care could result in questions about the cause of your injuries or mitigation of damages.
What Types of Personal Injuries Can Cause Pain and Suffering Damages?
Many injuries can result in pain and suffering damages. Examples of injuries that could result in compensation for pain and suffering include, but are not limited to:
- Traumatic brain injuries (TBIs)
- Soft tissue injuries
- Broken, crushed, and fractured bones
- Spinal cord injuries and paralysis
- Internal organ damage
- Scarring and disfigurement
- Amputations and loss of limbs
- Back and neck injuries
- Crushing injuries
The type and severity of your injuries are significant factors that determine how much your claim is worth.
What Is the California Statute of Limitations for Pain and Suffering Damages?
Your non-economic damages are included in your personal injury claim. Most personal injury claims in California have a two-year statute of limitations. Therefore, you must file your claim within two years of your injury date.
However, there are exceptions to this rule. You should ask an attorney before assuming you have two years to file a claim.
Get Help With Your Pain and Suffering Claim From a Hermosa Beach Personal Injury Lawyer
If you were injured in an accident, we can help. Call The Simon Law Group at (424) 722-3209 for a free consultation with an experienced Hermosa Beach personal injury lawyer.
