After the MVA: Claiming Pain & Suffering in California

What Is Pain & Suffering?

In California, pain and suffering refer to both the physical pain and the emotional distress that result from a car accident injury. While economic damages, such as medical expenses, property damage, and lost wages, are straightforward to quantify, non-economic damages, like pain and suffering, are much more subjective. These damages focus on compensating accident victims for how the injury has impacted their overall well-being and lifestyle.

Physical pain and suffering encompass a range of injuries and discomforts, from minor aches to more serious chronic conditions that could persist for months or even years. For instance, a victim might suffer from back pain, neck injuries, or persistent headaches, all of which can limit their ability to work, perform daily activities, or enjoy life. In more severe cases, injuries could lead to long-term or permanent disabilities, further exacerbating the suffering.

On the other hand, emotional suffering refers to the psychological toll that an accident can take. Common forms of emotional suffering include anxiety, depression, and PTSD. A car accident can also lead to mental anguish and emotional trauma, such as a fear of driving or reliving the incident.

Additionally, non-economic damages cover aspects like loss of enjoyment of life, referring to the diminished ability to take part in activities that once brought happiness, such as hobbies, exercise, or social engagements. Beyond this, severe injuries can also affect personal relationships, leading to loss of consortium—the loss of companionship, emotional support, or physical intimacy with a spouse or partner. This often arises in cases where injuries prevent victims from fully engaging in family life or maintaining close relationships, which further compounds their suffering and reduces their overall quality of life.

Since these damages are subjective and vary from person to person, calculating the dollar amount for pain and suffering can be complex. However, courts recognize the significant impact on a victim’s life and allow compensation accordingly.

The Legal Framework in California

In California, the comparative fault rule under California Civil Code §1431.2 plays a crucial role in determining compensation in personal injury claims, including those for pain and suffering. This law ensures that even if you are partially at fault for the accident, you can still recover damages. However, the percentage of fault you are responsible for lowers the compensation amount. For instance, if you are found 20% at fault, your compensation will be reduced by 20%.

While California does not cap these damages, there are specific conditions under which a person cannot recover non-economic damages, as outlined in California Civil Code Section 3333.4. These conditions include:

1. They were driving under the influence (DUI) and were convicted under Vehicle Code Sections 23152 or 23153
2. They owned the vehicle involved in the accident but didn’t have the required insurance according to California’s financial responsibility laws
3. They were driving a vehicle but couldn't demonstrate that they had insurance, violating California's financial responsibility laws

Understanding the tax implications of pain and suffering compensation is also important. According to the IRS, personal injury settlements for emotional pain and suffering linked directly to physical injuries are not taxable. However, if damages are awarded solely for emotional pain without any bodily injury, they must be reported as taxable income.

What Factors Influence Pain & Suffering Compensation?

When determining pain and suffering damages, several factors come into play:

• Severity of injuries: The more serious the injuries, the higher the compensation will likely be. Severe injuries like broken bones, traumatic brain injuries, or permanent disabilities naturally lead to greater distress, warranting higher compensation
• Duration of recovery: The time it takes for a victim to recover can significantly impact the award for pain and suffering. Long-term or chronic conditions requiring ongoing medical treatment will likely result in a higher payout than short-term injuries that heal quickly
• Impact on daily life: Another critical factor is how much the injury affects a victim’s ability to work, enjoy hobbies, or carry out everyday tasks. If a person can no longer engage in activities they once enjoyed, this loss of enjoyment of life adds to the compensation
• Emotional and psychological suffering: Conditions like depression, PTSD, and anxiety can increase compensation because they reflect significant emotional distress, especially when long-term therapy or medication is needed. The lasting impact on a victim's mental health and daily life adds to the overall calculation of damages
• Strength of evidence: Strong documentation can significantly affect how much compensation is awarded. Keeping detailed records of medical treatments, psychological evaluations, and even a personal pain journal can help demonstrate the extent of your suffering. Testimonies from doctors and mental health professionals can also support the claim

How Is Pain & Suffering Calculated?

Calculating damages for pain and suffering is challenging due to these losses' subtle and unquantifiable nature. However, different formulas and methods exist to estimate financial compensation for these damages:

Multiplier method

The multiplier method is one of the most common ways to estimate damage caused by pain and suffering. This approach starts by calculating the total economic damages, such as medical bills and lost wages, then multiplying that amount by a number (called a multiplier), typically between 1.5 and 5. The exact multiplier depends on factors like the severity of the pain, length of recovery, and overall impact on the victim's life.

For example, if your economic damages total $10,000 and you use a multiplier of 3 due to the severity of your pain, your damages could be $30,000. More severe injuries lead to higher multipliers—up to 5 for permanent disabilities or chronic pain, while minor injuries may use a lower multiplier.

Per diem method

The per diem method calculates a daily monetary value for the suffering you endure, then multiplies that value by the number of days you have been in pain. This method works well when the duration of pain is clear, such as in cases of temporary injuries with a defined recovery period.

If a daily rate of $200 is assigned and you experienced pain for 100 days, your compensation would be $20,000. The daily rate is typically based on factors such as the victim’s salary, the intensity of their discomfort, and how significantly the injury disrupts their routine.

Colossus software

Some insurance companies use Colossus, a software program, to estimate pain and suffering damages. This tool relies heavily on objective data—such as the type of injury, the required medical treatments, recovery time, and the presence of specific medical records like X-rays or MRI results. Based on this data, Colossus generates a suggested dollar value for compensation.

Colossus estimates damages systematically but often undervalues non-economic losses by focusing on medical aspects. This leads to lower compensation for non-economic damages than human judgment methods like the multiplier or per diem approaches.

Challenges in Recovering Damages

Subjective nature

One of the most challenging aspects of recovering pain and suffering damages is the subjective nature of these accident claims. Unlike economic damages with clear monetary values, non-economic damages are intangible, making them harder to quantify. Because there’s no fixed formula, the total compensation awarded for pain and suffering varies greatly from case to case, depending on how well it’s documented and perceived by insurance companies or the court.

Proving emotional and psychological impact

Victims may struggle to demonstrate the full extent of their emotional trauma, particularly if they haven’t sought regular treatment from mental health professionals. Without clear evidence like therapy notes or psychiatric evaluations, it can be challenging to show the profound, long-term emotional impact of the accident.

Insurance company tactics

Insurance companies often resist these claims because they lack clear-cut, measurable costs. They might argue that the victim’s suffering isn’t as severe as claimed, attempt to downplay mental distress, or assert that the physical injuries are minor. This can lead to low settlement offers that don’t adequately reflect the victim’s suffering.

Comparative negligence in California

Under California’s comparative negligence rule, if a victim is found partially at fault for the accident, their compensation for pain and suffering can be reduced proportionally to their degree of responsibility. For example, if the victim is 25% responsible for the accident, their damages will be reduced by 25%. This can make it more difficult to recover full compensation, especially in cases where fault is contested.

Inconsistent valuation methods

There’s no standard method for calculating pain and suffering, leading to inconsistencies in how these damages are valued. While some cases rely on the multiplier or per diem method to estimate compensation, others use software like Colossus, which can undervalue claims. The lack of uniformity in how these damages are calculated adds complexity.

Why Do You Need a Personal Injury Lawyer?

When filing a pain and suffering claim, having a personal injury lawyer is not just an option—it’s essential to securing fair compensation. Here is why working with a personal injury lawyer can make all the difference:

• Specialized knowledge: Personal injury lawyers specialize in the complexities of pain and suffering claims, ensuring that both the physical and emotional tolls are fully represented in your claim
• Compensation maximizing: These lawyers are skilled at countering insurance tactics that minimize your claims and experiences, helping you secure compensation that reflects the true impact of your injuries
• Settlement negotiation power: With experience negotiating with insurance adjusters and companies, lawyers ensure you don’t settle for less than what your claim is truly worth, especially for non-economic damages
• Understanding of legal procedures: A personal injury lawyer manages the complex paperwork, deadlines, and legal processes, freeing you from the burden and allowing you to focus on recovery
• Building a strong case: Personal injury attorneys help build a solid case by collecting and presenting the necessary evidence—medical records, expert testimony, and more—to support your claim

Conclusion

Recovering from a car accident often means healing in ways that go beyond the physical. The emotional pain, mental strain, and disruption to your everyday life can linger long after the wounds heal. While these kinds of suffering are harder to measure, they are just as necessary to address. Seeking compensation for pain and suffering acknowledges the full extent of your hardship—both seen and unseen.

Calculating pain and damages is complicated, but it's an important step toward achieving a full recovery—one that acknowledges the physical and emotional toll the accident has taken on your life. While recovering these damages can be difficult, a fair settlement is achievable with strong documentation, legal advice, and persistence.

If you're facing these struggles, YourAccident.com connects you with experienced attorneys. Make use of a free consultation to explore your legal options and ensure you receive the compensation you deserve for both your physical injuries and emotional suffering.