Unlike medical bills or lost wages, pain and suffering damages lack a clear financial value, making it necessary to consider the injury’s overall impact on your life carefully. Here are the methods, factors, and legal considerations that a Fresno personal injury lawyer uses for determining pain and suffering damages in California.
Methods for Calculating Pain and Suffering Damages
In California, pain and suffering damages can be calculated through two primary methods:
Multiplier Method
The multiplier method is widely used in California, similar to other states. Here, economic damages are calculated first, including past and future medical expenses, property damage, lost wages, and potential loss of earning capacity. Once these costs are totaled, they are multiplied by a figure typically ranging between 1.5 and 5, depending on the severity and long-term impact of your injury. A higher multiplier generally applies when injuries are severe, leading to chronic pain, long-term disabilities, or permanent disfigurement.
Example: If a plaintiff incurs $10,000 in medical expenses and the chosen multiplier is 3, the pain and suffering damages would be $30,000.
Per Diem Approach
Under this method, a daily dollar amount is assigned to each day you suffer from the injury, continuing until you recover. This figure often aligns with your daily wage or is based on an agreed-upon rate. While less commonly applied than the multiplier method, the per diem approach is sometimes used for cases involving relatively short recovery periods.
Example: If an injured person values their daily pain at $200 and experiences pain for 100 days, they may seek $20,000 in damages for pain and suffering.
Factors Influencing Pain and Suffering Damages
Pain and suffering damages are inherently subjective, but certain factors guide California courts and juries in assigning these damages:
Severity and Duration of Physical Injuries
Long-term or severe injuries that lead to chronic pain or permanent disabilities often lead to higher awards. Courts assess how the injuries affect your ability to work, partake in daily activities, and maintain social relationships.
Extent of Medical Expenses
Significant medical bills, particularly for procedures like surgeries or extended rehabilitation, indicate a higher level of suffering. In California, the court may use the total medical expenses as a benchmark for gauging the intensity of pain and suffering.
Daily Life Disruption
Any limitations in mobility, reliance on others for daily tasks, or diminished quality of life can result in higher awards.
Loss of Enjoyment of Life
California courts may consider the ways the injury has limited your enjoyment of life. For instance, if you are unable to continue enjoying hobbies, social gatherings, or family activities, a higher pain and suffering award may be justified.
Emotional and Psychological Impact
Evidence of depression, anxiety, post-traumatic stress disorder (PTSD), etc., whether through medical diagnosis or personal testimony, will strengthen your claim for pain and suffering.
Is There a Cap on Pain and Suffering?
California does not impose a cap on pain and suffering damages unless the personal injury case is related to medical malpractice. Under the Medical Injury Compensation Reform Act (MICRA), non-economic damages, including pain and suffering, are capped at $250,000 for medical malpractice cases. For other Fresno accident claims, it is up to the juries discretion based on the evidence and severity of your experience.
