Los Angeles, CA personal injury attorney Narbeh Shirvanian talks about how pain and suffering damages are determined in a lawsuit. The calculation of pain and suffering damages lacks a clear-cut answer. Jury instruction KC 395a delineates general damages, encompassing past and future pain, suffering, emotional distress, loss of enjoyment of life, disfigurement, and humiliation. Substantiating these damages often relies on testimony from impartial individuals familiar with the plaintiff, such as neighbors or coworkers.

These impartial witnesses can provide insights into the plaintiff’s post-accident condition and its impact on their life. Observations from individuals at the gym, for example, may underscore changes in the plaintiff’s activity level and overall well-being. Additionally, the nature of the treatment received, including invasiveness and any surgeries, is a factor. Generally, more invasive treatments correlate with higher pain and suffering claims.

Despite these considerations, there exists no definitive formula for calculating pain and suffering damages. When presenting such claims to insurance professionals, mediators, or juries, highlighting the value attributed to material possessions like paintings or cars can effectively convey the significance of one’s body and health in an injury claim. It remains crucial to factor in not only the plaintiff’s viewpoint but also the observations of those in their immediate surroundings.