What qualifies as pain and suffering

While many types of damages are easy to calculate, pain and suffering damages can be difficult to quantify and prove. In many cases, these damages are worth more than an accident victim’s medical bills and lost earnings.

If you were involved in an accident and suffered serious injuries, it’s important to understand what qualifies as pain and suffering and how these damages are calculated.

What Are Pain and Suffering Damages?

If you were injured in an accident, such as a car crash or a slip and fall, you may have the right to pain and suffering damages. Pain and suffering is a type of non-economic damage that allows an accident victim to recover compensation in the form of a settlement or award.

What is Considered Pain and Suffering?

Under California law, pain and suffering refers to the emotional distress and physical discomfort a person experiences after being involved in an accident. It can also include any type of physical and mental trauma that resulted from a personal injury.

The deprivation of certain things the accident victim is no longer able to enjoy due to the injuries they sustained will also fall under pain and suffering. These losses can include loss of companionship, loss of quality of life, and loss of enjoyment of life. Additionally, emotional distress, PTSD, extreme trauma, and humiliation, also count as pain and suffering.

Pain and Suffering Damages in Wrongful Death Lawsuits

When a family loses a loved one in an accident that was caused by the negligence of another, they can pursue compensation for those losses. Pain and suffering damages may be awarded to address the emotional trauma, loss of companionship, and the grief the family members experienced as a result of the untimely loss of a loved one.

How Are Pain and Suffering Damages Calculated?

When calculating pain and suffering damages, many things are taken into account, such as:

• The severity of the accident victim’s injuries
• Their prognosis
• How the injuries have impacted their life
• How much medical care and treatment the accident victim needs to recover

While economic damages are calculable losses that have a clear monetary value, pain and suffering damages do not have an inherent financial value. A personal injury lawyer will use a couple of different methods to calculate the value of pain and suffering damages.

Multiplier Method

Pain and suffering damages are usually estimated by using the multiplier method. With this method, pain and suffering damages are calculated by multiplying the economic damages using a number between 1-5. The value used depends on the degree of the plaintiff’s pain and suffering.

Per Diem Method

The per diem method is also often used to calculate pain and suffering damages. With this method, a personal injury lawyer will multiply the value of their client’s pain and suffering using the number of days they suffered.

Should I Hire a Personal Injury Lawyer?

While some cases may not require legal assistance, if you were injured in an accident that was caused by the negligence of another, a personal injury lawyer will have the experience and knowledge needed to accurately value your damages. They can also handle every aspect of your claim, including the investigation, establishing liability, and negotiating with the insurance company. Because pain and suffering damages can be difficult to quantify, it’s crucial that you work with a personal injury lawyer to ensure you pursue every penny of compensation you’re owed.

Contact Us Today

After a personal injury accident, you should speak with an attorney to discuss your case and learn about your legal rights and options. At Lem Garcia Law, we offer free, no-obligation consultations. You can meet with our legal team and have all of your questions answered, with no pressure to hire us. At Lem Garcia Law, we want every person that walks through our doors to leave our office confident of their legal rights and options. If you do decide to hire us, we’ll open an investigation right away and fight for your right to a fair settlement. Call or text our office today to get started.