How Is Pain and Suffering Calculated in California Accident Cases?

When an accident occurs due to another person’s negligence, and someone is injured, the responsible party can be held liable for the injured party’s medical expenses, as well as their lost wages. In California, they can also be held liable for pain and suffering. Many personal injury victims want to know, ‘How is pain and suffering calculated in California accident cases?’

What Constitutes Pain and Suffering?

The handbook of California Jury Instructions defines pain and suffering as physical and/or mental pain that occurred in the past or is capable of occurring in the future, resulting from the incident in question. It further explains that pain and suffering can be the result of a loss of enjoyment of life, physical impairment, or physical disfigurement. It can also encompass any grief, inconvenience, anxiety, emotional distress, or humiliation that comes as a result of the accident in question.

How Is Pain and Suffering Calculated in California Accident Cases?

Under California law, there is no fixed standard for determining the settlement value of non-economic damages, such as pain and suffering. It encourages juries that are faced with the task of deciding such an amount to use their own judgment. It further instructs them to use the available evidence, along with common sense, to decide on a reasonable amount to compensate the victim.

There is a loose formula used to estimate the amount of compensation an individual should receive for pain and suffering, but it is not a California law, so it should not be treated as such. This formula takes the medical bills and lost wages, then multiplies that sum by a determined factor. The result can serve as a general starting point for ascertaining pain and suffering compensation.

Another negotiation tool that attorneys and insurers often use as an informal method for rough estimates is a per diem method. This assigns a daily rate and multiplies it by the days of suffering. If you are a victim of one of the 1500 car accidents that occur every day in California, especially on I-15 and SR-99, or any other type of accident that is not your fault, you need an experienced personal injury lawyer who understands the tools needed to get you every dollar you deserve.

What Disqualifies Pain and Suffering Compensation?

California pain and suffering laws prevent individuals in certain circumstances from collecting pain and suffering compensation. Individuals in the situations listed below are prohibited from collecting pain and suffering personal injury settlements:

• The injured driver was operating a vehicle under the influence of drugs or alcohol, or was convicted of a DUI related to the accident in question.
• The injured individual is the owner of a vehicle involved in the accident in question, but did not have the required minimum state automobile insurance coverage at the time of the accident.
• The injured driver was operating a vehicle involved in the accident, but their financial responsibility was not established under state law.

How to Optimize a Pain and Suffering Settlement

An insurance company’s initial settlement offer in a personal injury claim is often intentionally low. It is their starting point to minimize payouts. Determining their true maximum willingness to pay, however, requires skill and insight. That’s why retaining an experienced personal injury lawyer is crucial. With proven negotiation skills, a dedicated personal injury attorney can significantly increase your final settlement, ensuring it fairly reflects the full extent of your damages and losses.

Why Choose Us?

Freeman & Freeman, LLP, is a top-rated personal injury law firm. Our team works hard to examine every aspect of your case and the big picture. We can estimate your pain and suffering damages and negotiate a fair settlement. We have Spanish- and Tagalog-speaking staff available for translation assistance. We know how to get the results our clients deserve.

FAQs

How Do You Calculate Pain and Suffering Damages in California?

There is no specific formula that dictates how to calculate pain and suffering in California. Rather, the state of California suggests a fair amount be determined based on common sense and the evidence available in the case. A reasonable amount should be determined using common sense in regard to the victim’s circumstances.

What Is the Formula for Pain and Suffering?

There is no official formula for determining pain and suffering under California law. Unofficially, pain-and-suffering settlements can be calculated as medical expenses plus lost wages, multiplied by a set factor. Other considerations are taken into account, though, when determining an adequate amount for pain and suffering. These include the injury timeline, such as whether the damages are short-term or long-term, whether the victim suffered disfigurement, and whether their enjoyment of life was lost.

What Is a Fair Amount to Ask for Pain and Suffering?

It is difficult to put a fair amount on pain and suffering. One reason is that the consequences of one victim’s experience can be drastically different from another’s. A fair amount depends on the injury’s impact on the victim. The severity of the injury can influence what a fair amount would be for pain and suffering. A minor injury would warrant a lower settlement, while a permanent disability or disfigurement, for instance, would generally mean a higher settlement.

How Much Can You Get for Pain and Suffering from a Car Accident in California?

For a car accident in California, the pain and suffering portion of a personal injury settlement would be directly dependent on the extent of the injury. California puts no limit on the amount of pain and suffering compensation a victim can ask for or receive, but the insurance policy of the at-fault party is subject to California policy limits.

Hire a Personal Injury Lawyer Who Gets Results

If you want to get the most out of your personal injury claim, including an acceptable settlement portion for your pain and suffering, hire a personal injury lawyer from Freeman & Freeman, LLP. Our diverse staff of legal professionals has the resources you need to optimize your settlement. Contact our office to schedule an appointment to speak with one of our personal injury lawyers about your case.