Types of Pain and Suffering
There’s more than one kind of pain and suffering after an accident. Understanding the differences between each can help you build a well-rounded claim that covers all of your damages. The primary types of pain and suffering classified in California’s legal system include:
- Physical Pain: This category covers any physical injuries and pain caused by the accident. This can include broken bones, chronic pain, post-accident surgeries, loss of mobility, and more.
- Emotional Distress: This type of pain and suffering covers mental ailments caused by the accident. This includes the development of PTSD, depression, anxiety, loss of enjoyment in life, agoraphobia, and more.
- Loss of Consortium: An accident affects more than just the victim. Their relationships with their families and loved ones are changed forever, and this grief and anguish classify as loss of consortium.
Legal Framework for Pain and Suffering in California
In California, damages after an accident are classified as either economic or non-economic. Economic damages include the exact financial amount that the claim must cover, such as medical bills and lost income.
Pain and suffering are considered non-economic damages, meaning there’s no cut-and-dry, quantifiable financial amount. These damages are calculated based on previous cases.
In general, California doesn’t place a cap on how much non-economic compensation you can earn. The only exception is if you have a medical malpractice case, where non-economic damages are capped at $250,000.
The state also doesn’t have specific requirements for you to be able to file for non-economic damages. However, there are a few unique circumstances where you may lose your right to non-economic damages such as pain and suffering:
- Under California Civil Code 3333.4, pain and suffering damages are limited for individuals in accidents involving uninsured drivers or people driving under the influence.
- Under Civil Code 3333.3, victims who were injured while committing or fleeing from a felony are prohibited from earning pain and suffering damages.
How Pain and Suffering is Calculated in California
Since non-economic damages such as pain and suffering don’t have a quantifiable dollar amount like medical bills, how is pain and suffering calculated in California?
When you’re building your claim with your legal team, the claim’s adjuster can use a couple of different methods to calculate a dollar amount for your accident’s pain and suffering.
The first option they may use is the multiplier method. This involves taking the value of your economic damages and linking them to a multiplier based on the severity of the incident and your injuries.
Another option is the per diem approach, where they will assign a daily monetary value to your suffering and use that to calculate a total amount.
Proving Pain and Suffering in Personal Injury Cases
To claim pain and suffering damages, you need objective evidence of the injuries and that they caused direct levels of suffering. This evidence can include testimonies from yourself or loved ones, medical records, expert medical opinions, and photos.
Plaintiff and witness testimonies are some of the strongest pieces of evidence you can use to prove pain and suffering. You, as the plaintiff, know how much you’ve suffered because of the accident, and you can give a firsthand account of the specific details. Your loved ones and friends who’ve witnessed the suffering can also attest to the extent of it.
When the injuries are catastrophic enough to impact your ability to testify, witness accounts become even more crucial. These people can give their accounts of how the injuries changed the victim’s quality of life and the role of caretaker they’ve had to take up.
In addition to testimonies, you need to be ready to present other evidence that shows the extent of your suffering. Gather any medical records, photos, and video footage that you can get your hands on, and be prepared to present this evidence as related to the accident.
Challenges in Claiming Pain and Suffering Damages
In some instances, certain factors can decrease your compensation for suffering. You need to prepare a detailed account of the accident and the evidence supporting your claim of suffering.
If you don’t have the proper documentation to file the claim or demand suffering damages, this can hurt your chances and potentially reduce your earnings.
Comparative negligence in California can also reduce your suffering damages. If you’re found partially responsible for the accident, that percentage can reduce the maximum compensation you can earn. For example, a person found 20% responsible for the accident could only earn up to 80% of their compensation.
Other factors that can reduce or restrict your pain and suffering damages include if you’re an uninsured driver or if you were driving under the influence of alcohol or other substances.
Examples of Pain and Suffering Cases
The amount of compensation you earn for pain and suffering depends on the severity of the incident and the extent of your injuries. For example, a minor fender bender that results in whiplash isn’t going to earn as much compensation as a 3-car pileup that results in long-term hospitalization.
While there’s no exact average, you can look at previous cases to get a rough estimate of what you can expect. For example, a pedestrian in Richmond, California was hit by a vehicle. The accident resulted in serious injuries that led to extensive medical bills. Since the driver was considered negligent, the pedestrian received $225,000 in settlement money for the case.
In another instance, a woman was rear-ended by a cement truck. The resulting traumatic brain injury and PTSD left her with a $400,000 settlement amount.
Importance of Hiring an Experienced Personal Injury Attorney
Working with a legal team can strengthen your case and increase your odds of earning financial compensation. Attorneys know the legal system inside and out, including how to work the system in your favor. They can also help you navigate the process of negotiating with insurance companies and working through a trial.
When choosing a personal injury lawyer, look for one with extensive experience winning your type of case. If you’ve been in a car accident, look for a lawyer with experience handling car accident cases. Take a look at their credentials and previous cases, as you want a legal team with a history of winning.
Both physical and emotional pain and suffering deserve financial compensation. You’ll need to prepare as much as you can and gather a strong portfolio of evidence to support your claim of suffering, but the work is worth the reward.
While California has stipulations against pain and suffering for felony charges and uninsured drivers, you’ll get the compensation you deserve with the right legal team.
Determining pain and suffering after an accident can be tricky without the proper information. Our team at Compass Law Group, LLP believes you shouldn’t have to deal with all of this on your own. We’ll work with you to build a strong case and fight for the compensation you deserve.
Schedule a consultation with one of our personal injury attorneys today to see what options are available!
