Picture being involved in a serious accident—your car is totaled, and you’re left with physical injuries that make everyday tasks unbearable. As the medical bills pile up, you also struggle with emotional pain and the loss of enjoyment in activities you once loved.
Yet, when you file a personal injury claim, the insurance company downplays your suffering, offering a settlement that only covers medical expenses and property damage, ignoring the true impact on your quality of life.
This is where pain and suffering compensation becomes critical. Recognizing the profound impact of serious injuries, California law allows victims to recover non-economic damages under Civil Code § 1431.2. This includes compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Unlike economic damages, which cover tangible costs, non-economic damages compensate for mental pain, emotional trauma, and reduced daily life experiences. However, insurance adjusters often use tactics to minimize these claims.
This guide is part of our non-economic damages series, where we explain how pain and suffering are calculated. In this blog, we’ll explain how pain and suffering are computed using the multiplier and per diem methods, discuss the types of damages involved, and show how experienced personal injury attorneys at Farahi Law Firm fight to secure the fair settlement you deserve.
What are Pain and Suffering Damages?
Pain and suffering refer to the non-economic damages an accident victim endures after sustaining severe injuries. These damages cover more than just the physical toll—they address the mental health impact, emotional distress, and disruption of daily life.
Common Types of Pain and Suffering Damages:
- Physical Pain & Chronic Conditions: Compensation for long-term injuries, chronic pain, and future pain that impact daily life.
Example: A traumatic brain injury causing persistent headaches, dizziness, mobility issues, and other long-term effects of TBI.
- Emotional Trauma & Mental Health Struggles: Covers anxiety, PTSD, depression, and mental distress caused by the accident.
Example: A car crash survivor who develops mental pain and fear of driving.
- Loss of Enjoyment & Reduced Quality of Life: Victims can no longer participate in hobbies, exercise, or social activities due to their injuries.
Example: A once-active cyclist suffering accident injuries that prevent them from riding again.
- Loss of Consortium: This refers to the impact an injury has on relationships, including loss of companionship, intimacy, or emotional support.
Example: A spouse struggling with an injured partner’s inability to contribute to the household.
Since pain and suffering are subjective, insurance companies try to limit or deny compensation, making it essential to have expert San Pedro personal injury attorneys fighting for you.
How Do You Calculate Pain and Suffering?
Unlike economic damages with clear documentation like medical records and expenses, pain and suffering compensation is subjective. Courts and insurance companies use two primary methods to calculate non-economic damages:
- Multiplier Method: This method multiplies the total economic damages (medical bills, lost wages) by a number between 1.5 to 5, depending on the severity of injuries. The more severe the injuries and their impact on daily life, the higher the multiplier.
Example:
- Your Medical bills are $50,000.
- Multiplier used: 3 (due to long-term physical pain and emotional trauma)
- Total Pain and Suffering Compensation: $150,000
- Per diem method (Daily Rate Method): This method assigns a daily compensation rate for the victim’s pain and suffering based on their recovery period. The total settlement is calculated by multiplying the daily rate by the number of days the victim is expected to suffer.
Example:
- Your Recovery time is 200 days.
- Daily compensation rate: $200 per day
- Total Pain and Suffering Compensation: $40,000
Both methods depend on factors such as:
- Medical records and professional evaluations
- Impact on the victim’s mental health and quality of life
- Level of pain and emotional distress
- Testimonies from medical experts and psychologists
Common Insurance Tactics to Minimize Pain and Suffering Claims
Insurance companies will try to reduce or deny your pain and suffering claim. Here are the most common tactics they use:
- Arguing That Pain and Suffering Are “Subjective”
- Insurance adjusters claim there’s no proof of emotional pain and try to discredit mental health struggles.
- Solution: A strong legal team like Farahi Lawfirm can help you present expert testimony and gather medical reports and psychological evaluations proving the pain you have been though.
- Using Pre-Existing Conditions Against Victims
- Adjusters may argue your injuries were caused by previous health conditions, not the accident.
- Solution: California’s Eggshell Plaintiff Rule allows accident victims to claim full compensation, even if they have pre-existing conditions. Medical experts can determine how the accident aggravated those conditions.
- Claiming Delayed Medical Treatment = No Serious Injuries
- Insurers state that if a victim didn’t seek immediate medical care, their injuries must not be severe.
- Solution: Keeping detailed medical records can prove a connection between the accident and injuries.
- Offering Quick, Lowball Settlements
- They push victims to accept a low settlement before they fully understand the extent of their suffering.
- Solution: Experienced attorneys negotiate aggressively for fair compensation and reject unfair offers.
Get the Medical Treatment you Need and the Money You Deserve
After an accident, pain and suffering are just as significant as medical expenses and lost wages—and you deserve compensation for the physical and emotional toll it takes on your quality of life. Insurance companies will try to undervalue your claim, but you don’t have to accept their low offers.
At Farahi Law Firm, we are committed to helping accident victims secure the maximum compensation possible. Our team of experienced attorneys fights for the justice and financial recovery you deserve.
Contact us today for a free consultation. Let us handle your case while you focus on recovery!
