Personal injury cases are based on the legal premise that if a person’s acts or omissions cause harm to another, the injured party may sue for damages. Common personal injury cases include car accidents, slip and fall cases, dog bites, and similar types of injuries. In order to prevail in a personal injury case, it’s necessary to prove the following four legal elements:

• The liable party, known as the defendant, had a duty of care to the injured party, known as the plaintiff;
• The defendant breached the duty of care;
• The breach of the duty of care was the cause of the plaintiff’s injuries, and
• The plaintiff suffered compensable injury. 

In California, the plaintiff has the burden of proof in showing that his injuries resulted from the negligence of the defendant. There are primarily two burdens of proof in California personal injury cases. In most cases, the plaintiff must show by a preponderance of the evidence that his facts are true. This means that the claim is more likely true than not. 

If a plaintiff can prevail in his claim, three categories of damages are available: economic damages, non-economic damages, and punitive damages. Economic damages cover out-of-pocket costs incurred by the plaintiff and include lost wages, medical and rehabilitation costs, pharmaceuticals, home health care, and other similar types of costs. Punitive damages are available in California when a defendant’s behavior goes beyond mere negligence and stems from bad intentions or a reckless disregard for the health and safety of others. 

The category of non-economic damages – sometimes called pain and suffering damages – is often the most difficult to calculate. Non-economic damages can include pain and suffering, intentional infliction of emotional distress, loss of consortium or companionship, and similar types of damages. They don’t have a fixed dollar value like economic damages, although they represent real losses and a decline in the quality of life for plaintiffs. 

California lawyers use two formulas to calculate pain and suffering;

• The Multiplier Method takes the economic damages and multiplies it by 1.5 to 5, depending upon the severity of the injury and its impact on the daily life of the plaintiff. So, for example, minor injuries might receive a multiplier of 1.5 or 2, where life-altering injuries might justify a 4 to 5 times multiplier. 
• The Per Diem Method assigns a daily rate to your pain and suffering, and multiplies it by the number of days you experienced ongoing pain. 

California Civil Code specifically does not put a limitation or cap on pain and suffering for personal injury awards. You can recover whatever amount reflects your actual suffering. 

However, your award will be reduced by the percentage of contributory negligence that is attributed to you.

Contact The Law Offices of Earl E. Conaway, III

Securing maximum compensation for pain and suffering damages requires legal experience and strong negotiating skills. Here at the Law Offices of Earl E. Conaway, III, we will get you the best financial outcome possible. Contact us today for a free consultation.