What is Pain and Suffering? How is it Calculated?

Sacramento, California’s capital, is situated in the Central Valley, where the Sacramento and American rivers meet, approximately 87 miles northeast of San Francisco. In the legal arena, pain and suffering are fundamental in personal injury claims. Understanding how this intangible loss is calculated is essential when seeking fair compensation under California law.

Defining Pain and Suffering in Legal

Under California law, “pain and suffering” refers to the physical discomfort and emotional misery that a person endures due to an accident. This includes current suffering and any future pain that can reasonably be expected. Emotional trauma, anxiety, loss of enjoyment of life, insomnia, and even the inability to engage in normal daily activities are commonly factored in. Unlike actual losses like hospital bills, they are subjective and vary significantly from case to case. No exact formula exists, often making these claims more challenging to quantify and prove.

Types of Pain and Suffering Recognized in Sacramento

Top-rated Sacramento injury lawyers will explain that pain and suffering in local courts generally fall into two main categories:

·        Physical Pain and Discomfort

This involves persistent injuries, chronic discomfort, limited mobility, and the requirement for physical therapy.

·        Mental and Emotional Distress

These claims cover emotional effects such as anxiety, depression, fear, grief, and trauma caused by the incident or its aftermath. A lawyer can help you obtain compensation for loss of consortium and the injury’s harmful impact on personal relationships, such as companionship, affection, and support.

How Pain and Suffering is Calculated

Because there’s no universal method, Sacramento courts and insurance adjusters often rely on two common approaches;

·        The Multiplier Method

This method multiplies all economic damages, such as medical bills and missed wages, and the number ranges from 1.5 to 5, according to the severity of the injury. A permanent disability or disfigurement may justify a higher multiplier, while less serious injuries result in lower figures.

·        The Per Diem Method

This approach assigns a daily dollar amount to the victim’s pain and suffering multiplied by the number of days they are reasonably expected to endure. For example, $200 per day for 90 days would yield $18,000 in pain and suffering damages.

Factors That Influence the Calculation

Courts and insurers consider several factors when assigning a value to pain and suffering in Sacramento;

• Severity and duration of the injury
• Impact on the individual’s daily life and career
• Extent of emotional trauma
• Age and overall health of the victim
• Credibility of testimony; both the injured person and expert witnesses

Documented evidence, such as therapy records, journal entries, or expert evaluations, can significantly influence the amount awarded.

Legal Limits and Considerations in California

While California does not limit pain and suffering damages in most personal injury claims, few exceptions exist. According to recent changes to the Medical Injury Compensation Reform Act, non-economic damages in medical negligence claims, such as they are limited to $350,000 to $500,000, depending on the circumstances. California applies the comparative negligence rule. If a plaintiff is somewhat at fault, their compensation for pain and suffering is decreased proportionally.

Conclusion

Pain and suffering damages, though subjective, are a key component of many legal claims. Courts and insurers use various methods to assign monetary value, often relying on multipliers or per diem formulas. In California, such awards aim to restore a sense of justice for the injured. While challenging to quantify, these damages acknowledge the real impact of visible and unseen trauma accompanying injury or loss.