Pines Salomon Personal Injury Lawyers | September 18, 2024 | Personal Injury
If you or a loved one has been injured in an accident, understanding your rights and options for potential compensation is important. Pain and suffering damages may be a significant part of the damages you can seek under California law to compensate you for physical pain and emotional distress arising from the accident. An experienced San Diego personal injury attorney can help you fight for any pain and suffering damages you may be entitled to.
What Is Pain and Suffering in California?
Pain and suffering damages are classified as non-economic damages. These cover losses you may experience after an accident that are not directly financial. Pain and suffering damages typically include compensation for physical discomfort, mental anguish, loss of enjoyment of life, inconvenience, impairment, and emotional distress after an accident. This makes them a potentially valuable form of compensation after an accident.
How Are Pain and Suffering Damages Calculated?
Calculating pain and suffering damages varies from case to case. In California, the process generally involves examining the extent of your injury, the pain you endured, the duration of your recovery, and the long-term effects of your accident and injury. This requires looking at how the injury has affected your day-to-day life and emotional well-being. Other factors, such as your age and prior health conditions, may also influence the calculation. Every personal injury case is different, and the damages awarded for pain and suffering vary just as much.
Methods of Calculation
Attorneys and insurance companies often use two main methods to calculate pain and suffering damages after an accident:
- Multiplier method: This is the most common method for calculating pain and suffering damages. It multiplies your economic damages for medical bills, lost wages, or property damage by a number between 1.5 and 5. The multiplier is selected based on the severity of your injury and other factors. The resulting number represents your pain and suffering damages.
- Per diem method: This method assigns a daily rate to your pain and suffering, which is then multiplied by the number of days you have experienced pain and suffering after an accident. This typically correlates with the date you were injured.
A San Diego personal injury lawyer can help you fight for fair compensation, even if an insurance company tries to minimize your pain and suffering damages after an accident.
How Can I Prove Pain and Suffering in San Diego, California?
Proving pain and suffering in California requires different forms of evidence. Medical records may be used to assess the severity of the injuries and your expected recovery process. You may also present testimonies from medical professionals or mental health experts to substantiate your claim. Other valuable evidence may include testimony from family members about the impact of the injury on your mental health and daily living.
Is There A Cap on Pain and Suffering Damages?
There are generally no caps on pain and suffering damages in California, except in medical malpractice cases. The non-economic damages awarded in medical malpractice cases are capped at $250,000. There is no cap for pain and suffering damages in other personal injury cases, such as auto accidents, slip and fall accidents, or product liability cases. This means pain and suffering damages could be a significant portion of your compensation after an accident.
Facing Pain and Suffering After An Accident? Contact A San Diego Personal Injury Lawyer
If you or a loved one has been injured and are experiencing pain and suffering, an experienced San Diego personal injury lawyer may be able to help you fight for compensation. The team at Pines Salomon Personal Injury Lawyers, can evaluate your case, collect evidence, and fight for the compensation you deserve for non-economic damages such as pain and suffering. Schedule a free initial consultation today to discuss paths forward.
Contact the Personal Injury Lawyers of Pines Salomon Injury Lawyers in San Diego, CA for Help Today
For more information, contact an experienced Personal Injury lawyer at Pines Salomon Personal Injury Lawyers to schedule a free initial consultation today.
We proudly serve San Diego County and its surrounding areas:
Pines Salomon Injury Lawyers – San Diego Office
835 5th Avenue #302, San Diego, CA 92101
(858) 551-2090
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 585-9031