Were you involved in a car crash in Southern California? You likely have a lot of questions about your rights, your options, and what comes next in the claims process. Injured victims need compensation for their damages—and in California, you have the right to seek compensation for pain and suffering. Within this article, our Beverly Hills auto accident attorney provides a comprehensive overview of the most important things that injured victims should know about recovering financial relief for your pain and suffering after a traffic collision in California.
What is Pain and Suffering?
In the context of a car accident claim, pain and suffering is defined as the physical discomfort and emotional distress one experiences from an injury. Notably, pain and suffering is a comprehensive term. It includes both the immediate impact of the crash and ongoing disruption on the victim’s life.
You Can Seek Compensation for Pain and Suffering in California
In California, injured victims have the right to be made “whole” after a car crash. They have the ability to seek financial support for the complete value of their losses, including their non-economic damages. In other words, car victims have the right to pursue financial compensation for their pain and suffering. Compensation can cover both physical pain and emotional trauma caused by the crash.
Pain and Suffering is Determined On a Case-By-Case Basis in California
In California, pain and suffering damages in personal injury cases are determined on a case-by-case basis. It is an approach that allows the courts to consider the unique circumstances of each crash, including the severity and duration of the injury, and its impact on the victim’s lifestyle and mental health. Notably, pain and suffering is, to some degree, subjective. As explained in the Judicial Council of California Civil Jury Instructions (CACI No. 3905A), “no fixed standard exists for deciding the amount” of pain and suffering and jury members are instructed to use “judgment to decide a reasonable amount based on the evidence and (their) common sense.” Often, courts will use a system called the “multiplier method” to value pain and suffering damages. Here is an overview:
- Multiplier Calculation: The multiplier calculation for valuing pain and suffering involves multiplying the total economic damages—things like medical bills and lost wages℄by a number between 1.5 and 5 based on the severity of the injury to determine the value. The multiplier reflects the intensity and duration of the pain and suffering. The multiplier will depend on case-driven factors. As an example, imagine you suffered $25,000 in economic damages in a car crash in Los Angeles County. You endure pain and suffering. If a multiplier of “2.5” is used in your case, your pain and suffering damages would be valued at $62,500.
Insurance Companies Often Try to Undervalue Non-Economic Damages
By their inherent nature, non-economic damages—including pain and suffering damages—are difficult to value. Unlike a medical bill, pain and suffering cannot be directly tied to a specific dollar figure. Unfortunately, insurance companies can make it very hard for people to get justice after a crash. Indeed, insurers frequently attempt to undervalue non-economic damages, such as pain and suffering, in personal injury claims. These companies might argue that the emotional distress or physical pain claimed does not align with the nature of the injury or the medical treatment received.
Victims often face rigorous scrutiny of their personal lives and medical histories from an insurer that is seeking to undermine the value of pain and suffering. A top-tier Beverly Hills, CA auto accident lawyer can help you seek full and fair compensation for your pain and suffering. It is imperative that your damages are well-documented. As noted, pain and suffering compensation is, in part, based on your actual economic losses. Make sure your medical bills and lost wages are fully, accurately documented. Beyond that, you should also document the impact that an accident and your injuries had on your life.
Schedule a Free Consultation With Our Beverly Hills Car Crash Lawyer Today
At Saeedian Law Group, our Beverly Hills car accident lawyer is standing by, ready to protect your rights. If you want more details about getting damages for pain and suffering after a crash, our team is here to help. Contact us today to set up a free, no obligation consultation. With a main office in Beverly Hills, we handle car accident injury claims throughout Southern California, including in Los Angeles, Oxnard, Newport Beach, Irvine, Riverside, San Diego, and Modesto.
