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How Are Pain and Suffering Damages Calculated in California?
If you have been injured due to another person’s negligence or carelessness, you may have the right to seek compensation.
Victims often experience a number of negative consequences from an accident or injury. Known as “damages,” payments in a personal injury case can cover a wide range of losses.
Economic and Non-Economic Damages
Many of the losses that are associated with an injury are financial in nature. The direct monetary losses from an injury or accident are known as “economic damages.”
Common types of economic damages include:
- Medical bills
- Lost income and wages
- Decreased earning potential
- Property damage
Not every type of damage involves monetary loss. The negative consequences from an injury that are not financial are known as “non-economic damages.”
Understanding Pain and Suffering
“Pain and suffering” is a common category of non-economic damages in a personal injury case. Pain and suffering damages can compensate a victim for many types of negative outcomes.
Examples of pain and suffering include:
- Current physical pain
- Future detrimental physical effects
- Mental distress
- Emotional anguish
- Loss of enjoyment of life
- Anger
- Fear
- Humiliation
- Anxiety
- Stress
The negative outcomes from pain and suffering do not involve specific monetary amounts. Because of this, it can be incredibly difficult to calculate the value of a victim’s pain and suffering.
Calculating the Value of Pain and Suffering in California
Under California state law, there is no standardized method for determining the value of pain and suffering. This makes it extremely important for injury victims to secure the services of an accomplished attorney.
There are two common methods for calculating pain and suffering in California: The “multiplier” method and the “per diem” method.
Multiplier Method
When the multiplier method is used, pain and suffering are assumed to be worth some multiple of the victim’s economic damages.
The financial damages are multiplied by a number negotiated by the plaintiff’s attorney. The multiplier number usually has a value that ranges from 1.5 to 4.
In most cases, the defendant will fight for a low multiplier. This helps to keep their costs down. The victim’s injury attorney will negotiate for the highest possible multiplier to secure maximum financial compensation
The multiplier method is most useful in injury cases in which the damages are $50,000 or less.
Per Diem
The phrase “per diem” is Latin for “per day.” When using the per diem method, personal injury lawyers will ask the jury to assign a daily cost for the injured person’s pain and suffering.
The rate is applied for each day from the time of the accident until the victim recovers.
There is no single way to determine an appropriate per diem rate for pain and suffering. However, the daily rate is usually at least $100.
Each Personal Injury Case Is Unique
The process of calculating pain and suffering is highly complex. While both the multiplier and per diem methods can be used, every personal injury case involves a unique set of circumstances.
For this reason, there is no single or universal approach for calculating an injured person’s pain and suffering damages.
If you have been injured because of another person’s negligence, you deserve compensation. A skilled injury attorney can leverage the distinctive features of your case to secure maximum financial recovery.