Representing Injury Victims in Sacramento

How is Pain and Suffering Calculated in California?

Something could qualify as a personal injury case when someone experiences harm from an accident or injury that someone else might be legally responsible for. There is a wide array of situations that might lead to a personal injury case, from medical malpractice to car accidents.

Calculating pain and suffering can be an elusive task, but there are a couple of methods that might be used:

• The Multiplier Method – This is when a multiplier is calculated with the total cost of economic damages. For example, if the multiplier chosen is “3” and the sum of economic damages is $5,000, then the pain and suffering would be calculated as $15,000.
• The Per Diem Method – This is when a sum is applied to each day it takes for the victim to recover. For example, if the amount per day is $100 and it takes 14 days to recover, then the pain and suffering would be calculated as $1,400.

What Are the 3 Types of Damages?

Damages can be categorized into three groups: economic, non-economic, and punitive:

• Economic – This helps victims recover from financial loss such as loss of income, medical expenses, etc.
• Non-economic – This helps victims recover from pain and suffering. Assigning a monetary value to non-economic damages is not as easy, but it aims to compensate for mental distress, loss of reputation, etc.
• Punitive – Punitive damages are a way to punish the one who is at fault. It defines the defendant’s actions as criminal conduct.

What Is the 51% Comparative Fault Rule in California?

If you have been injured in an accident and found to be partially at-fault, you may still be able to file a claim. In California, the 51% comparative fault rule allows a person who is responsible for 50% or less of an accident to file a personal injury claim.

The most common types of personal injury claims involving comparative fault include:

• slip and fall accidents;
• product liability;
• premises liability;
• medical malpractice;
• car accidents; and
• bicycle accidents.

California’s Comparative Fault Law

California’s comparative (or negligence) law divides damages between parties involved in an accident based on the percentage of fault each played in the accident. The party seeking compensation for damages will receive a settlement reduced by the percentage they were found to be at fault.

A jury will decide the amount of responsibility of each party based on the following factors:

• the defendant must prove the plaintiff’s negligence contributed to their injury, and they must illustrate that the plaintiff was negligent and this negligence was a factor in causing the injury;
• if the defendant is successful in proving the above, the plaintiff’s damages are reduced by jury determination of the plaintiff’s responsibility;
• when dividing fault between the plaintiff and the defendant, the percentages must total 100%;
• the jury must then make a finding of the plaintiff’s damages; and
• grant the plaintiff compensation that reflects monetary damages minus their percentage of fault.

Who Pays Damages If Two Parties Are Responsible?

If a plaintiff is injured by 2 (or more) defendants, they can recover compensation from all defendants, which is called joint and several liability. The percentage of non-economic damages (like pain and suffering) could still be collected from each defendant.

Joint and several liability applies to:

• medical expenses;
• property damage;
• loss of income; and
• loss of earning capacity.

Personal Injury Cases We Represent

Our firm is equipped to handle a broad range of claims, including some of the most complex injuries and those involving deep-pocketed defendants. We know that you are facing real struggles – rising medical costs, lost income from missing work, and excruciating pain. Let us help you move forward from this accident with financial security and peace of mind. Have our lawyer take care of all the legal details while you focus on recovering.

If you are interested in filing a claim, exploring your options, or learning about the claims process, contact our Sacramento accident attorneys. We can listen to your story and explain to you how we can help you get through this challenging time.

Get a Free Consultation: (916) 778-3228​

At Eliot Reiner APLC, we are known for our proven advocacy and dedication to our clients. For 30+ years, Attorney Eliot Reiner has fought on behalf of the injured, helping them seek justice and full and fair compensation for their losses. We are not your ordinary injury firm – we are a boutique law firm that is focused on serving our clients and their needs. We hope to change the lives of our injury victims one at a time, delivering meaningful results that benefit them in the long run.

Why Choose Eliot Reiner APLC for Your Claim?

• Proven Results – Millions of dollars in verdicts & settlements
• Hands-on Guidance – Personally walks you through the whole process
• Diligent Case Preparations – Every detail is analyzed, every dollar is factored
• Former Insurance Defense – Inside knowledge of insurance claims
• Affordable & Accessible – We won’t be paid more than you

Sacramento accident lawyer, Attorney Reiner has been by recognized by legal organizations, colleagues, and clients for his outstanding advocacy. His dedication, compassion, and in-depth experience have been instrumental to the success of his cases.

Honors that Attorney Reiner has received:

• Included in the list of Super Lawyers®
• Rated 10 out of 10 Superb by Avvo
• Voted by clients for Avvo Clients Choice 2015
• Lead Counsel Rating