Putting a value on pain and suffering damages in a California personal injury case is challenging. It is not simply to put a price tag on suffering. Yet, California law provides a straightforward method for valuing these damages called the multiplier method. Talk to a Santa Monica personal injury attorney from Borna Houman Law today about your injuries.
How Does the Multiplier Method Work in California Personal Injury Cases?
The court calculates pain and suffering damages using the multiplier method, which applies a multiple against the economic damages of your case. This ranges from a multiple of 1 to 5.
Economic damages are those with documented proof of loss. Examples include medical bills, lost wages from being unable to work, and property damage. These tend to be easier to calculate because there is proof of the loss.
To determine this value, the court adds up all of the economic damages you present, and it verifies. Then, it applies a factor between 1 and 5 based on the severity of the case and your suffering. Here is an example.
You suffer injuries in a car accident that cost $50,000 in economic damages, including medical bills and lost time at work. The court determines that a factor of 3 is appropriate for the amount of pain and suffering you have. Your noneconomic damages could be $150,000 as a result.
The Per Diem Method
A second method used in some California personal injury cases to calculate pain and suffering is the per diem method, which applies a daily value to the pain and suffering you have to the number of days you suffer.
For example, the court may determine your pain and suffering value as $400 per day. If you need 100 days to recover, your noneconomic damages equate to $40,000. It does not matter what your economic damages are in this situation.
You Must Prove Your Losses to Obtain Pain and Suffering Damages
It is up to you, the victim, to document how this accident impacts you. That includes economic losses but also the impact on your daily life. Documenting pain and suffering damages may be done in various ways:
- For emotional pain and suffering, the use of psychological reports and family statements could help
- Medical records may help document losses
- A medical expert could provide a statement about the pain you suffered
- Family members could provide insight into how your quality of life is or how your relationships have changed
- Eyewitnesses to the accident can provide statements about the severity of your injuries and pain at that time
Your California personal injury lawyer will guide you in determining the value of your claim in total and then negotiate that with the insurance company. If your case goes to court, the judge will play a role in determining how to calculate the pain and suffering damages in your case.
Turn to Borna Houman Law for a free consultation to discuss your case. As trusted, honest California personal injury lawyers, we can guide you in maximizing your claim.