After being seriously injured in an accident that was caused by the carelessness and negligence of somebody else, victims may be able to seek both economic and non-economic damages. Economic damages have price tags on them such as medical bills and lost time from work. Non-economic damages are more difficult to compute as there is value to them, but that value is uncertain and subjective. That statement is particularly true when it comes to an award for pain and suffering as an element of the damages suffered by an individual. Pain and suffering might consist of the following components in a California personal injury case:

• The severity of the pain.
• The victim’s job or profession before the accident.
• The impact of the pain on the victim’s life.
• Whether the pain results in permanent disability.
• The cost of the care and treatment necessary for that disability.
• How the pain and suffering affects the victim’s physical and mental health.
• The mental suffering endured by the victim.

The Multiplier and Per Diem Methods

There is no fixed standard on an award of damages for pain and suffering in California. The two main methods used in calculating the amount of pain and suffering in California are the multiplier method and the per diem method.

• The Multiplier Method: With this method, a multiplier anywhere 1.5 and 5 of the victim’s actual damages is used. The multiplier used depends on the evidence presented by the victim as to his or her pain and suffering.
• The Per Diem Method: This method assigns a daily value of pain and suffering multiplied by the number of days that it was experienced. It might be useful when pain and suffering is of a limited duration.

Proving pain and Suffering

Emotional or mental health counseling might play a big role in an award of pain and suffering in a California personal injury case. Testimony of the mental health counselor or an expert witness in this regard is demonstrating the victim’s insomnia, anxiety, post-traumatic distress or other symptoms of the pain and suffering are the better practice.

Computer Software

Another method of calculating pain and suffering damages is the use of computer software that purports to give insurers an accurate number on pain and suffering damages in accident cases. Note though, the programs are only geared toward insurers and not victims. The numbers that are generated from these programs are questionable from a victim’s perspective.

Seemingly harmless back or neck pain after an accident might actually turn out to be a serious spinal disc or nerve injury that requires surgery. The best course of conduct is to follow all medical recommendations and work on healing yourself. As there is a two-year statute of limitations pursuant to section 335.1 of the California Code of Civil Procedure, there is plenty of time to determine whether the injury is permanent. By then, a decision can be made on whether to employ the multiplier or per diem method of calculating pain and suffering. Pain and suffering is a compensable component of personal injury damages.