The financial impact is only part of the story when dealing with an injury’s aftermath. Behind the medical bills and lost income is something more complex to measure: what the injury has cost you personally. The physical pain, emotional strain, and changes to your daily life are just as real, and the law allows you to seek compensation for those losses under pain and suffering damages.
At Wells Call Injury Lawyers, we understand how overwhelming this process can feel. For decades, we’ve helped individuals across California recover compensation for both economic losses and the human impact an injury can have. Wondering: How is pain and suffering calculated? You’re in the right place.
In this blog, we’ll explain how these damages are assessed and what factors can affect the value of your claim.
How to Calculate Pain and Suffering
There’s no universal formula for calculating pain and suffering in California. Unlike a medical bill with a set amount, these damages are subjective and depend heavily on the details of your case.
However, there are two methods that lawyers and insurance companies often use to estimate pain and suffering damages in California.
Multiplier Method
With this method, your attorney adds up your economic damages (like medical expenses and lost wages) and multiplies them by a number (usually between 1.5 and 5) to reflect the severity of your pain and suffering. For example, if your economic damages total $100,000 and your multiplier is 3, your pain and suffering damages would be estimated at $300,000.
Per Diem Method
This method assigns a daily dollar amount to your pain and suffering and multiplies that by how many days you’re affected by the injury. For example, suppose your pain and suffering damages are valued at $200 per day, and you experience symptoms for 180 days. Your total noneconomic damages would be $36,000.
What Factors Affect Pain and Suffering Damages?
Pain and suffering damages are based on the personal, non-financial toll an injury takes on your life. Since these losses don’t come with a set dollar amount, several key factors are often looked at in assigning a value. Understanding these factors can help you see how your experience translates into a claim.
Severity of the Injury
More serious injuries tend to result in higher pain and suffering awards. A broken arm that heals in six weeks is not the same as a spinal cord injury that leads to permanent mobility issues. The nature and intensity of the physical pain you experience, and whether they are expected to resolve or persist, play a central role in how these damages are valued.
Impact on Daily Life
Injuries that interfere with your ability to perform routine tasks or participate in meaningful activities often lead to higher awards. If you can no longer drive, exercise, care for your children, or participate in your career or hobbies, that loss of independence or enjoyment becomes an essential part of your pain and suffering claim.
Emotional and Psychological Trauma
Physical injuries often come with invisible scars. Many people also experience emotional and psychological injuries after an accident, such as anxiety, depression, sleep disturbances, or post-traumatic stress disorder (PTSD). These symptoms can interfere with relationships, work, and quality of life.
Credibility and Consistency
Your credibility can influence how much weight is given to your pain and suffering. If your statements about pain and lifestyle limitations are consistent over time and supported by records or testimony from family and friends, your claim is more likely to be taken seriously. On the other hand, inconsistent descriptions or gaps in treatment may lead insurers to question the extent of your suffering.
Are There Limits on Pain and Suffering Damages in California?
In most personal injury cases, California does not place a cap on pain and suffering damages. That means there is no legal limit to the amount of compensation you can receive for noneconomic losses like emotional distress, physical pain, or reduced quality of life.
However, there are a few important exceptions:
- Medical malpractice claims. In cases involving an injury from medical negligence, California law limits pain and suffering damages to $350,000 in 2023, with that cap scheduled to increase by $40,000 annually until it reaches $750,000. If a wrongful death claim is based on medical negligence, California law limits pain and suffering damages to $500,000 in 2023, with that cap increasing by $50,000 until it reaches $1,000,000.
- Uninsured drivers. If you were driving without valid insurance at the time of the accident, even if the other party was at fault, you may be barred from recovering noneconomic damages under California’s “No Pay, No Play” rule.
If you’re unsure whether these limitations apply to your situation, it’s best to speak with an experienced California personal injury lawyer. An attorney can explain how the law applies to your case and help you pursue every compensation category available.
Contact Wells Call Injury Lawyers for a Free Case Evaluation
If you’re searching for answers about how pain and suffering damages are calculated, you’re likely going through one of the most challenging experiences of your life. At Wells Call Injury Lawyers, we understand how overwhelming a personal injury case can be.
For four decades, our firm has secured hundreds of millions of dollars on behalf of our clients and built a reputation for being tough negotiators, thorough investigators, and compassionate advocates. We know how California insurance companies operate and how to push back when they try to minimize your pain.
If you’ve been injured and want to understand what your case may be worth, call us today or contact us online. Let us help you fight for the compensation you deserve.