Los Angeles, CA personal injury attorney Narbeh Shirvanian talks about how pain and suffering damages are determined in a lawsuit. He states that calculating pain and suffering damages is not an exact science. In California, jury instruction KC 395a outlines general damages, which include past and future pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and humiliation. Establishing these damages often relies on testimony from unbiased individuals familiar with the plaintiff, such as neighbors, coworkers, or acquaintances.

Witnesses provide insight into the plaintiff’s condition after the accident and the resulting impact on daily life. For example, observations from gym partners or colleagues may illustrate a noticeable decline in activity levels or overall well-being. Additionally, the nature and invasiveness of medical treatment—particularly surgeries—play a significant role, as more extensive interventions typically support higher pain and suffering claims.

Despite these considerations, there is no precise formula for quantifying pain and suffering. When presenting a claim to insurance adjusters, mediators, or a jury, it can be effective to emphasize the value of one’s body and health, similar to how material possessions like cars or artwork are valued. Ultimately, assessing these damages involves a combination of objective observations, the plaintiff’s testimony, and the impact documented through medical treatment.