How Is Pain & Suffering Calculated in California?
Following an accident or injury due to no fault of your own, you are likely seeking compensation for your medical expenses, physical damages, and any loss of work or wages. Depending on the nature of your case, you may also be eligible to pursue compensation for any pain and suffering as part of your claim. In the legal sense, pain and suffering refer to any physical, emotional, and mental injuries you incurred as a result of the incident. These injuries include but are not limited to physical pain, fear, grief, insomnia, loss of enjoyment of life, etc. Almost every case allows some amount of recovery for these injuries.
The state of California does not have a cap on pain and suffering or any non-economic damages you claim. Determining how much the payout will be is specific to your circumstances as juries do not have a fixed standard to rely on. There is no formula for insurance companies to adhere to, which means every settlement has unlimited potential. Generally speaking, the more severe and long-lasting the recovery, the more compensation is expected.
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