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What’s The Maximum Amount You Can Recover From A Pain and Suffering Claim?

When plaintiffs seek compensation following an accident or injury, the question inevitably comes up – “how much can I recover?”

The answer, of course, is that it varies according to the circumstances of each case. Compensation in a settlement, or even a jury verdict if the case is litigated in court typically includes both economic and non-economic damages, as the attorneys of Cohn & Swartzon explain below.

What is Considered Pain and Suffering?

Factors considered part of pain and suffering in a legal settlement include:

  • Physical discomfort or inconvenience
  • Anxiety, depression, or post-traumatic stress
  • Insomnia
  • Fear triggered by locations or circumstances related to an accident
  • Loss of joy in daily activities or hobbies

How is Pain and Suffering Calculated in California Lawsuits?

California does not have a one-size-fits-all formula to calculate pain and suffering, but the two most common methods are:

  1. The Multiplier Method: Calculating pain and suffering by multiplying the economic damages accrued by a number, usually between one and five. The value of the multiplier often depends on the degree and extent of injury that your legal representative can demonstrate. 
  2. The Per Diem Method: Using the per diem method, a monetary value is assigned to the plaintiff’s pain and suffering per day or week for example, then that daily or weekly value is multiplied that amount by the number of days or week (or months or years) that the plaintiff has suffer or will continue to suffer. For example, if a plaintiff’s pain and suffering were valued at $250 per day and recovery took 100 days, the pain and suffering component of the matter would be valued at $25,000.

Notably, California also does not place a cap on pain and suffering in legal settlements or at trial in a court of law. 

Why You Need Experienced Attorneys To Maximize Your Settlement

If you want to receive full and just compensation for pain and suffering, as well as other non-economic damages in your settlement, engaging the services of experienced attorneys is essential.

When your attorneys work on your case, they will need to collect as much evidence as possible. By choosing attorneys with a proven record of maximizing settlements like the Cohn & Swartzon team, you’ll have a much greater likelihood of success.

“There’s really no substitute for experience when it comes to maximizing compensation for pain and suffering. Our attorneys bring more than 75 years of active practice to our cases, and the results for our clients speak for themselves.”

– Jason Cohn, Founding Partner & Personal Injury Attorney

If you are concerned about the pain and suffering component of your claim in an ongoing legal matter, get in touch with Cohn & Swartzon to find out if you’re on the right track. 

Cohn & Swartzon provides free assessments for legal cases that involve pain and suffering. Get started by contacting us now.



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