How To Calculate Pain And Suffering In California
Have you been injured at the hands of another? Whether it was intentional, negligence-related, or something else, you deserve compensation for any medical bills you may have incurred, missed work/wages, and both emotional and physical pain and suffering (and possibly more).
In California, specifically, there is no set formula used to calculate pain and suffering. Nor is there a cap on the damages that can be awarded. In order to recover pain and suffering damages, including economic damages and mental distress, the burden of proof falls on the plaintiff. They must be able to show that – as a result of their injury – they are certain to suffer in the future or are currently suffering.
How Is Pain and Suffering Calculated?
How is the amount of compensation, or settlement, determined in California for a pain and suffering case? For calculating pain and suffering damages, a variety of methods can be used. There are no legally prescribed, clear-cut ways to determine this, however. A lot can depend on the jury or, if there is no jury, on the judge. An experienced Los Angeles personal injury lawyer can also help get the absolute most where compensation is concerned.
Determining Amounts for Pain and Suffering
To calculate the damages for pain and suffering, the two most popular methods are as follows:
- Per Diem Formula: By personal injury attorneys, this is a commonly used formula. An attorney will request a jury to assign a daily rate to the pain and suffering of a victim (examples could be $200, $100, etc.). That amount will then be multiplied by how many days the jury determines the victim’s suffering and pain is likely to continue.
- Multiplier Formula: For calculating damages related to pain and suffering, this is the most recognized method. This formula will take calculable compensation – i.e., lost income, medical bills, and various out-of-pocket expenses – and calculate unknown expenses using them. By a certain number (often in the vicinity of 1.5 up to four) those expenses will then be multiplied.
These are, by no means, the only ways to determine what an injury victim’s compensation will be.
Pain and Suffering Damages of Varying Levels
Frequently, larger awards for pain and suffering are approved if the plaintiff’s life has been impacted on a long-term basis and/or if the injuries are severe. This is especially the case if the victim has a well-educated and experienced Los Angeles catastrophic injury lawyer on their side.
For instance, if someone can no longer enjoy daily family activities or they can’t work any longer, a larger pain and suffering compensation amount will usually be awarded compared to a plaintiff who only takes a short time to recover from their injury.
For Your Personal Case, How Much Is Pain and Suffering Worth?
Clearly, each and every case is as different as the people involved in them. Circumstances differ from case to case, responsibility can be hard to determine, and evidence may be plentiful or lacking – so many factors figure into a successful lawsuit when personal injury has occurred.
Once you have an expert who can help you with calculating pain and suffering, car accident-related injuries and more can be the basis for a successful lawsuit. But you need an attorney who is experienced, knowledgeable, and specializes in personal injury cases. You need The Ryan Law Group. Schedule a free consultation with us today.