How is an Award of Damages for Pain and Suffering Calculated?

Until you have been injured in an accident where you are not at fault, you likely do not have a thorough understanding of how important pain and suffering compensation can be. Pain and suffering is one of the types of damages in personal injury cases that is critical to making victims whole again.

Due to the subjective nature of pain and suffering, some people wonder how awards of this type can be fairly or consistently determined. Many other types of damages a victim may be awarded can be easily calculated; for example, you can present a court with medical bills or car repair invoices. Pain and suffering, on the other hand, has no such price tag set by someone else. That is why it is considered to be a type of “non-economic” damages. However, there are methodologies commonly employed to determine pain and suffering damage awards.

Sometimes, the calculation of pain and suffering will be based on medical bills. The amount of a victim’s medical bills will be multiplied by a certain number to arrive at the pain and suffering award. Typically, that multiplier is between two and five, depending on the severity of the injury.

Another way pain and suffering can be calculated is a per day amount that is multiplied by the number of days you are in pain or are not fully healed. Note that this type of award is separate and distinct from lost wages.

While these are two common ways a court may choose to award pain and suffering, no one is bound to either method. There are always arguments that can be made as to why deviating from the amount set by these methods would be fair and equitable.

In the vast majority of cases in California that are not related to medical malpractice, there is no limit for a pain and suffering damage award. As plaintiff attorneys, we believe that caps for damages can get in the way of justice for injured victims. Juries should have the latitude to award the dollar amount they believe is fair.

If you have been injured in an accident due to someone else’s negligence, you may qualify for numerous types of damages. You deserve to receive the full and fair compensation you have a right to under the law.

Pain and suffering is one substantial class of damages, and people who are not experienced in these types of cases often do not understand the dollar amounts that are customarily awarded. In fact, most people underestimate the damages which they are eligible for, which is why it is important to work with an attorney who can advocate for you to receive the full and fair compensation you deserve.

To schedule a free consultation and learn more about how our Santa Clara County personal injury attorneys can help you pursue compensation for your injuries, call our firm at 408-289-1417.

• Fact Sheet: Caps On Compensatory Damages: A State Law Summary