If you’re dealing with an injury stemming from a car accident in Pomona California, you could be eligible to receive compensation from the at-fault party. Injured victims can file for compensation to recover the full value of the damages they incur. Damages typically involve property loss, medical expenses, and lost wages. Additionally, some accident victims are eligible to recover compensation for non-economic damages, including pain and suffering.
If this sounds like your situation, you may be asking: What is the average award for pain and suffering? It’s a natural question, so let’s review some important facts about pain and suffering claims now.
How Much is the Average Award for Pain and Suffering?
Every case is different, so claims can vary. Currently, there is no available statistic as to the average award for pain and suffering specifically. But, according to some revenue reporting, the average settlement for personal injury cases falls between $3,000 and $75,000, depending on the circumstances of the case.
Of course, some cases far exceed those numbers with financial compensation reaching $1,000,000 and more. Usually, those cases involve devastating accidents where the victim suffered catastrophic injuries or even death.
How Much is Pain and Suffering Worth in Damages?
The answer to this question is the same as it is for many legal questions, which is – it depends. Here in California, we have calculations that are made to help establish a value for the pain and suffering an accident victim is experiencing.
Generally, our Pomona Car Accident Attorneys utilize one of two methods to determine the amount for pain and suffering damages:
The Multiplier Method: With this method, the total economic damages are established and then used along with a multiplier. As an example, if an accident victim experiences $12,000 in economic damages, and a multiplier of 2 is chosen for pain and suffering claims, the value of their pain and suffering, in this case, is $24,000.
The Per Diem Method: In this scenario, a per-day dollar figure is set for every day you recover from the injury. For instance, if the per diem amount is set at $100 and you achieved your best medical outcome after 150 days, you would be eligible for a pain and suffering award of $15,000.
Does California Have a Cap on Pain and Suffering?
In most cases, California does not put a cap on damages for pain and suffering. However, there are a few exceptions, such as:
Medical Malpractice: While there is no limit for compensatory damages, including property damage and loss of wages, there is a $250,000 cap for pain and suffering due to medical malpractice (Code 3333.2).
Also, a person is not eligible for pain and suffering damages under the following circumstances:
- The injured driver was driving without insurance.
- The injured driver is convicted of driving under the influence at the time of the accident.
- The injured person is convicted of committing and/or fleeing from a felony.
Let a Pomona Car Accident Injury Attorney Fight for Your Pain and Suffering Claim
If you want to claim pain and suffering, get a skilled Pomona Car Accident Injury Lawyer on your side. An experienced attorney can gather evidence to support your claim and fight on your behalf against the insurance company, or if necessary, in court.
Contact the right attorney today for a free initial consultation. Remember, injury law firms work on a contingency fee basis, which means you don’t pay any fees unless you win.