When an accident leaves you with serious injuries, medical expenses, mortgage and rent payments, and grocery bills can pile up fast. Even just having to take time off work can be a catastrophe for your family. If your injuries are severe enough to leave you handicapped, the emotional aftermath can be devastating. Under California law, you may be entitled to seek damages for your suffering if it was caused by someone else’s negligence.

What is pain and suffering under California law?

Pain and suffering damages are monetary compensation for the emotional and physical distress caused by your injuries. These are known as “non-economic damages” since they are calculated based on how much your injuries impacted your quality of life rather than a receipt or invoice.



• Physical pain: Physical pain includes both the immediate pain from the accident as well as ongoing discomfort throughout treatment and recovery. Chronic issues from the accident that impacts your ability to work, sleep, and participate in activities may factor into your compensation. The duration and intensity of physical discomfort are key to determining these damages.
• Emotional distress: The psychological impacts of your injuries are known as emotional distress. Many victims of accidents unfortunately are left to deal with nightmares, flashbacks, or PTSD long after recovering from their injuries. Treatment for your mental health and medications for psychological impacts due to the accident are factored into emotional distress. This includes:
• Mental anguish
• Post-traumatic stress disorder
• Depression

How Does California Handle Damages for Pain and Suffering?

California offers strong protections for victims of pain and suffering. While medical malpractice damages are capped by California Civil Code Section 3333.2, there are no limits for pain and suffering in personal injury claims like car accidents, motorcycle crashes, or pedestrian accidents. The victim may recover whatever amount is decided by the court to reflect their actual suffering.

How Does Comparative Negligence Work?

California follows a rule of pure comparative negligence. This means that victims can still recover compensation even if they share a portion of fault. The portion of damages you may recover decreases with your percentage of fault. If you are found to be 20% responsible for the accident, then your compensation decreases by 20%.

How Long Do I Have To File A Case?

The statute of limitations in California for seeking pain and suffering damages is two years, meaning that you have two years from the injury date to file a personal injury lawsuit. If a lawsuit is not filed within this time frame, you lose your right to pursue damages.

How An Experienced Personal Injury Attorney Can Help

The Law Office of Ball & Yorke has helped hundreds of accident victims recover damages for pain and suffering. Proving emotional distress and the lingering physical impact of an accident requires advanced legal skill and significant evidence. Here’s how our California personal injury lawyers can help:

• Calculate the full extent of damages through proven methods
• Gather evidence, including expert opinions and testimony to establish pain and daily impact
• Negotiate with insurers on your behalf
• Build a strong case for trial if they fail to settle

Contact Us Today

An experienced California personal injury lawyer can help calculate the full extent of your pain and suffering and help you get compensation for your injuries. Call the Law Office of Ball & Yorke for a consultation today.