Pain and Suffering Compensation California
California recognizes two primary methods for calculating pain and suffering damages. There is no official formula for these types of damages, but California lawyers usually use one of two methods:
- Multiplier: The total economic losses (like medical bills, lost income, and property damage) are multiplied by a number between 1 and 5.
- Per Diem: A daily dollar amount is set for pain and suffering and multiplied by the number of days of recovery.
With the multiplier method, the number chosen (1–5) depends on the severity of the injury, recovery time, and how the injury affects work and daily life.
Pain and Suffering Compensation Even if You Are Partially at Fault
Under Civil Code § 1714, you can still claim damages from someone who hurt you, even if you were partly at fault. California follows a pure comparative negligence rule, which means you can recover compensation even if you are mostly at fault. Pain and suffering can be part of what you claim.
However, the more fault you have, the less money you may receive. For example, if you are 45% at fault on a $100,000 claim, your recovery may be reduced to $55,000.
Pain and Suffering Claims After Wrongful Death
A wrongful death action takes the place of a personal injury claim the deceased filed or could have filed before death. For example, if your loved one started a lawsuit after a car accident but later passed away, the wrongful death claim continues that case on their behalf.
A survival action is filed by family members to recover compensation for their own losses after a wrongful death. These claims may be combined and are meant to recover financial and emotional losses caused by the death.
In 2022, a law allowed families to recover pain and suffering on behalf of the deceased. However, that law expired on January 1, 2026, and those non-economic damages are no longer allowed in these cases.