Unraveling Pain and Suffering in California Personal Injury Cases

Personal injury cases in California often involve claims for both economic (tangible) damages and non-economic (intangible) damages. This blog focuses on non-economic damages, specifically pain and suffering damages, and aims to provide a deep understanding of how these damages are determined.

Non-economic damages encompass the physical and emotional harm suffered by the injured party, often resulting in pain, suffering, emotional distress, and loss of enjoyment of life. These damages are subjective in nature and can be challenging to quantify.

Several factors influence the determination of pain and suffering damages in California personal injury cases. These may include:

1. Nature and extent of injuries
2. Duration of physical pain and suffering
3. Intensity of pain and suffering
4. Emotional distress and mental anguish
5. Impact on daily activities and quality of life
6. Long-term or permanent effects of injuries

California law recognizes the entitlement to non-economic damages, including pain and suffering, in personal injury cases. Various methods are employed to calculate pain and suffering damages in California. These can include:

• Multiplier Method: Applying a multiplier to the economic damages based on the severity and impact of the injuries.
• Per Diem Method: Assigning a daily rate to pain and suffering based on the factors mentioned earlier.
• Guideline Calculations: Referring to past similar cases and their awarded damages as guidelines for assessment.
• Jury Considerations: In cases where the determination is made by a jury, they consider evidence presented during the trial.

Determining non-economic damages, especially pain and suffering, involves inherent difficulties due to the subjective nature of these damages. There is no fixed formula or objective measure, making it crucial to consider each case on an individual basis.

The determination of non-economic damages, such as pain and suffering, in personal injury cases in California is a complex process. Various factors are taken into account, and different methods are employed to ascertain fair compensation. Accurate documentation of the injuries and their impact, expert opinions, and legal precedents play significant roles in establishing the extent of pain and suffering damages.

Eduard Braun
Attorney at Law
877-533-4529 
www.eBraunLaw.com