Can You Sue for Pain and Suffering in California?

Updated: August 26, 2025

If you have been injured in an accident, you may be wondering if can you sue for pain and suffering in California? The answer in most cases is yes.

Yes – you absolutely can sue for pain and suffering in California after a car accident or other type of personal injury. These damages are part of what are known as non-economic damages, and they can make up a significant portion of your total compensation.

But how pain and suffering is calculated – and whether you can claim it – depends on several key factors. In this article, we’ll walk you through your rights, what qualifies as pain and suffering, and how an experienced California personal injury lawyer can help you recover what you’re truly owed.

What Is Pain and Suffering?

Pain and suffering refers to the physical and emotional impact of an injury – beyond the financial cost of things like medical bills and lost income.

This includes:

• Physical pain from your injuries (e.g. broken bones, chronic pain)
• Emotional distress (e.g. anxiety, depression, PTSD)
• Mental anguish or grief
• Sleep disturbances and loss of appetite
• Loss of enjoyment of life
• Disfigurement
• Permanent disability
• Damage to your relationships (loss of companionship or consortium)

Pain and suffering isn’t about medical bills- it’s about how the accident has affected your life and well-being.

Is There a Limit on Pain and Suffering Damages in California?

In most personal injury cases, California does not cap the amount of compensation you can receive for pain and suffering.

The Exception: Medical Malpractice Cases

In cases involving medical negligence, there are limits due to California’s MICRA law:

• Non-economic damages are capped at $430,000 (as of 2025), gradually increasing to $750,000 by 2033 for injury claims.
• Wrongful death non-economic damages will cap at $600,000 in 2025, increasing to $1 million over time.

If your claim involves a regular auto accident, premises liability, product defect, or another non-medical claim, there is no cap on pain and suffering compensation.

How Do You Prove Pain and Suffering?

Since there’s no invoice for emotional distress, proving pain and suffering requires compiling evidence and storytelling. A skilled personal injury attorney will help you present:

• Medical records showing the severity of your injuries
• Therapy or counseling documentation
• Photographs of your injuries or lifestyle limitations
• Journal entries documenting your pain and any mental suffering
• Statements from family, friends, or employers
• Expert testimony from medical professionals, psychological professionals

The goal is to show how your injury has changed your life – physically, mentally, and emotionally.

How Is Pain and Suffering Calculated?

California does not use a fixed formula, but insurance companies may apply one of these common methods:

Multiplier Method

This multiplies your economic damages (medical bills, lost wages from the injury) by a number between 1.5 and 5, depending on injury severity. The more severe the injury, the higher the multiplier.

Example:
$20,000 in medical bills × 3 (moderate injury) = $60,000 in pain and suffering damages

Per Diem Method

This assigns a daily dollar value to your suffering and multiplies it by the number of days you were affected.

Example:
$200/day × 180 days of recovery = $36,000

Keep in mind: These are starting points, not rules. Every case is unique – and experienced lawyers know how to present your case in the strongest way possible.

Can I Sue If I Wasn’t Physically Injured?

In most cases, some physical injury is required to claim pain and suffering in California. Emotional distress or trauma alone, without physical harm, is harder to pursue unless the facts are especially extreme.  However, if you suffered even a minor injury and experienced emotional consequences, you may still qualify for non-economic damages.

If you witnessed a close family member being injured or killed in an accident, but you were not physically injured, you may be able to pursue a claim for mental injury in certain circumstances.

How Long Do I Have to Sue?

The statute of limitations for most personal injury claims in California is two years from the date of the accident. If a government entity is responsible for your injuries, you have a 6-month deadline for filing a claim.

If you wait too long, you could lose your right to recover anything – including pain and suffering damages.

It’s best to speak with a lawyer early on, while evidence is still fresh and timelines are in your favor. Waiting too long to hire a personal injury attorney for your case can have a negative effect on the case outcome. Don’t wait, obtain skilled legal representation early for best results.

Why You Should Work With Our Bay Area Personal Injury Lawyers

Insurance companies don’t hand out pain and suffering awards easily. They’re trained to minimize or outright deny non-economic damages – especially if you’re not represented by an attorney.

A skilled attorney can:

• Build a compelling case for your emotional and physical suffering and trauma
• Work with experts to support your claim
• Negotiate for the maximum payout
• File a lawsuit if needed to push for fair compensation

At The Hassell Law Group, we’ve helped injury victims throughout the Bay Area – including San Francisco, Oakland, San Mateo, and beyond-recover both economic and non-economic damages. We advocate zealously to make sure our clients are fully compensated, not just for their bills, but for their pain and suffering damages.

Frequently Asked Questions About Pain and Suffering

Can I sue for emotional distress after a car accident in California?

Yes. Emotional distress is part of non-economic damages and may include mental suffering, fear, anxiety, PTSD, depression, etc.- but in most cases an underlying physical injury is required except in situations where you witnessed a close family member being injured or killed in an accident.

Is there a cap on pain and suffering in California?

No, not for most injury cases. California does not cap pain and suffering damages unless the case involves medical malpractice.

What evidence helps prove pain and suffering?

Medical records, therapy notes, photos of injuries, photos of property damage, keeping a pain and suffering journal, witness statements, and expert testimony can all help support your pain and suffering claim.

How is pain and suffering calculated?

There’s no fixed formula, but insurers may use a multiplier method or per diem method based on the severity and duration of your suffering.

How long do I have to file a pain and suffering claim in California?

You generally have 2 years from the date of injury to file a personal injury lawsuit, only 6 months if your claim involves a government entity. Acting early helps preserve evidence and strengthens your case.

Final Thoughts: Your Pain Has Economic Value

You don’t have to suffer in silence, and you don’t have to accept a lowball settlement that ignores the emotional toll of your accident. In California, you can sue for pain and suffering, and you deserve to be made whole. Contact us today for a free consultation.

We offer a free consultation and charge no fees unless we win your case.

We offer California Accident Victims a Free Consultation, and there are No Attorney’s Fees Unless We Recover

At The Hassell Law Group, our legal team are experts in car accident law and personal injury law with over 100 years of combined legal experience, and experience matters. We stand up to aggressive insurance companies and have a history of obtaining award-winning results for our clients. We fight every step of the way to achieve the best possible outcome for our car accident clients. We work on a contingency fee basis, which means there is no risk in hiring our law firm. Contact us today to schedule a free consultation and case evaluation. We welcome your questions, and our legal team looks forward to helping you obtain just and proper compensation for your personal injury claim.

The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.