Unlike medical bills or lost wages, pain and suffering damages don’t come with a receipt. Yet they often represent the largest part of a personal injury settlement.

California law allows recovery for the physical pain, emotional distress, and loss of enjoyment of life caused by another’s negligence. But how do attorneys and insurance companies actually put a number on it?

1. What Counts as “Pain and Suffering”?

Pain and suffering encompass both physical and non-physical harm, including:

· Chronic pain and discomfort

· Emotional anguish, anxiety, or depression

· Insomnia or PTSD following trauma

· Loss of companionship or quality of life

· Scarring, disfigurement, or permanent disability

California juries are instructed to award a sum that is “reasonable in light of the evidence and common sense.” There’s no statutory cap for general damages in most personal injury cases (except certain medical malpractice claims).

2. The Multiplier Method

Insurance companies frequently use the multiplier method as a starting point:

Total economic damages × a multiplier (usually between 1.5 – 5).

The multiplier reflects the severity and duration of injuries, treatment required, and long-term impact.

· Minor soft-tissue injuries → 1.5 – 2×

· Moderate injuries with ongoing therapy → 3×

· Severe, permanent injuries → 4–5× or higher

Example:
If your medical bills and lost wages total $25,000 and the adjuster applies a 3× multiplier, pain and suffering would be valued at $75,000 — for a total claim value of $100,000.

3. The Per-Diem Method

Another approach assigns a daily value to your suffering — often based on a day’s wages — multiplied by the number of recovery days.

Example:
If recovery took 120 days and your daily rate is $250, the pain-and-suffering calculation would be $30,000.

While less common today, this method can be persuasive in trial settings where jurors relate to everyday values.

4. Factors That Influence the Value

Several factors determine how much compensation you may receive:

· Severity and visibility of the injury (e.g., fractures vs. sprains)

· Duration of medical treatment or rehabilitation

· Impact on work and lifestyle (missed events, loss of hobbies)

· Credibility of medical documentation and testimony

· Comparative fault — your recovery may be reduced if you share responsibility for the accident

Supporting evidence such as medical records, photos, journals, and witness statements strengthens your claim. 

5. The Role of the Jury (or Adjuster)

Ultimately, pain and suffering are human judgments. Adjusters use formulas to estimate value, but juries rely on empathy, credibility, and storytelling.
A compelling presentation of your injury’s impact on daily life often leads to higher awards than formulas alone.

Final Thoughts

Putting a price on pain is never easy — but understanding how California law approaches non-economic damages helps you make informed decisions during settlement or trial.

An experienced attorney can ensure that your suffering isn’t undervalued and that the insurance company respects the full extent of your loss.

 Wondering What Your Case Is Worth?
At CHH Law, P.C., we know how insurers calculate pain and suffering — and how to push for more. Contact us today for a free consultation and let us help you pursue the compensation you truly deserve.