After a car accident or any serious injury, the effects go beyond medical bills and lost income. Pain and suffering refer to the non-economic damages you experience, things that impact your daily life but do not come with a fixed dollar amount. At the Law Offices of Brent W. Caldwell, we help clients in California understand and claim compensation for these often-overlooked damages.
Defining Pain and Suffering in California
In a personal injury case, pain and suffering include both physical pain and emotional distress caused by the accident and resulting injuries. This can be temporary or long-term, depending on the nature and severity of the harm.
Types of pain and suffering include:
- Physical pain from injuries, surgeries, or chronic conditions
- Emotional distress such as anxiety, depression, or trauma
- Loss of enjoyment of life, like being unable to take part in activities you once enjoyed
- Sleep disturbances caused by pain or mental distress
- Embarrassment or humiliation, such as from scarring or disfigurement
These damages can be significant, even if your out-of-pocket medical costs are relatively low.
How Pain and Suffering Are Proven
Unlike medical bills or lost wages, pain and suffering damages are not backed by receipts. That makes documentation especially important. Here is what helps:
- Medical records that show the severity and duration of your injuries
- Photos of visible injuries or changes to your daily life
- Personal journals documenting your symptoms, pain levels, and emotional state
- Statements from family, friends, or therapists about how your life has changed
- Expert testimony when needed to explain long-term effects
Our office helps gather and organize this evidence to present a clear picture of what you have gone through.
How Are These Damages Calculated?
California does not use a set formula to calculate pain and suffering. Juries and insurance adjusters may consider:
- The severity and permanence of the injuries
- The length of your recovery
- How your injuries impact daily living and mental health
- Medical treatment required, including psychological therapy
- Credibility and consistency in your statements
Sometimes a multiplier is used, where your economic damages (like medical bills) are multiplied by a number based on the seriousness of your suffering. In other cases, a per-day rate is applied for each day you were affected. Every case is different, and insurers often undervalue these damages without legal pressure.
No Cap on Pain and Suffering in Most Cases
In most personal injury claims, there is no limit on the amount you can claim for pain and suffering in California. One exception is medical malpractice cases, where non-economic damages are capped under state law. But for car accidents, premises liability, or dog bites, there is no set maximum.
Talk to a Lawyer to Understand Your Full Claim Value
Pain and suffering can make up a large part of your compensation after an accident, but only if it is properly documented and presented. At the Law Offices of Brent W. Caldwell, we help our clients in California pursue the full amount they are legally entitled to, not just what the insurance company wants to offer.
Call us today for a free consultation to learn how we can help you claim compensation for your pain and suffering.
