If you’ve been injured due to someone else’s negligence, you’re likely entitled to compensation for more than just medical bills and lost income. One of the most significant, yet often misunderstood, components of a personal injury claim is pain and suffering.
At The Mason Law Firm, we help injury victims in Santa Clarita and throughout California, including Los Angeles and the San Fernando Valley, recover not just financial losses, but the full value of their emotional and physical toll. Here’s what you should know about how pain and suffering are measured in personal injury cases.
What Is Pain and Suffering?
Pain and suffering refers to the non-economic damages a victim endures after a personal injury incident, such as an accident, slip and fall, dog bite, burn injury, elder abuse, etc. Damages for pain and suffering aren’t easily calculated with bills, receipts, or invoices, but they are just as real as any hospital or doctor bills.
There are two primary types:
— Physical pain and suffering: Ongoing physical discomfort caused by the injury itself or complications from treatment.
— Emotional or mental pain and suffering: Psychological impacts such as anxiety, depression, insomnia, PTSD, and the loss of enjoyment of life.
Examples of Pain and Suffering
Every personal injury case is different, but common examples include:
— Chronic back or neck pain after a car accident or other personal injury event;
— Emotional distress from facial scarring or disfigurement;
— Anxiety or panic attacks after a traumatic fall, or being afraid to drive;
— Inability to perform everyday activities, or to participate in hobbies, sports, or family activities you once enjoyed
These effects may not show up on an X-ray or an MRI, but they can have a profound and lasting impact on a victim’s life.
How Is Pain and Suffering Calculated?
Unlike medical bills, there’s no fixed number attached to pain and suffering. However, insurance companies and courts often use a few common methods to estimate their value:
1. Multiplier Method
This is one of the most common approaches. A victim’s economic damages (such as medical expenses and lost wages) are added up and then multiplied by a number, typically between 1.5 and 5, depending on the severity of the victim’s injuries.
Example: If the medical bills total $40,000 and the injuries are determined to be moderately severe, a multiplier of 3 might be used, resulting in $120,000 for pain and suffering.
2. Per Diem Method
This method assigns a daily dollar value to the victim’s pain and suffering, based on the length of time he/she is expected to experience it. That daily amount is then multiplied by the number of days the pain and suffering lasts.
Example: If the daily pain and discomfort are valued at $200 per day, and the accident victim suffers for 180 days, the total pain and suffering award could be $36,000.
3. Subjective Factors
Jurors and insurance companies also consider the following:
— The credibility of your testimony;
— Medical documentation supporting your symptoms;
— Expert witness reports (e.g., from psychologists or pain specialists); and
— Impact on daily life, employment, relationships, and activities.
4. Most Importantly, It’s Very Personal
The important important factor in calculating pain and suffering is how it effects the victim, personally. What does that mean? Consider the following example:
— Pedestrian Accident Victim 1 is a 20 year-old marathon runner, who breaks his ankle when struck by a car in a crosswalk;
— Pedestrian Accident Victim 2 is an 80 year-old man, who uses a wheelchair. He breaks his ankle when struck by a car in a crosswalk as he passing through.
In the above example, both victims suffer the exact same injury in the same exact manner. Yet, their pain and suffering will be completely different because a broken ankle will significantly impact the 20 year-old marathon runner (victim 1) more than the 80 year-old (victim 2).
We often advise our clients to keep a journal, and to write down how their activities have been hampered by or effected by their injuries. By keeping a journal, the client can then refresh his/her recollection when asked about it during the discovery process, such as a deposition.
Why You Need a Personal Injury Attorney
Insurance companies routinely try to downplay or dismiss pain and suffering. They may argue that your pain is exaggerated or unrelated to the incident. Without experienced legal representation, you may walk away with far less than your case is worth.
At The Mason Law Firm, we know how to build a compelling case for non-economic damages (pain and suffering). We gather detailed evidence, consult medical experts, and fight for compensation that fully reflects the hardships you’ve endured.
Speak to a Santa Clarita Personal Injury Attorney Today
If you’ve been injured in an accident and are dealing with ongoing pain, mental anguish, or a reduced quality of life, don’t settle for less than you deserve. Let our team evaluate your case and explain how much your pain and suffering may be worth under California law.
At The Mason Law Firm, we specialize in all forms of Personal injury matters, including:
— Car Accidents;
— Truck Accidents;
— Pedestrian Accidents;
— Bicycle Accidents;
— Construction Site Accidents;
— Slip and Falls;
— Dog Bites;
— Burn Injuries;
— Elder Abuse/Nursing Home Cases.
Contact our office today for a free consultation and let a skilled Santa Clarita accident attorney help you protect your rights and pursue the compensation you need to move forward.
In addition to Santa Clarita, we handle Personal Injury and Accident Cases all throughout California, including Los Angeles, the San Fernando Valley, the Antelope Valley (Lancaster and Palmdale), Ventura County and Kern County.
“We Meet Our Clients by Accident!”
and
“We Put Personal Into Personal Injury Law.”