What does “pain and suffering” mean?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalPain and suffering means harm that is not just a bill or lost pay. It can include pain, distress, and loss of enjoyment of life caused by an injury.
In this guide
Here’s an example
After a crash, a person cannot sleep well. They can no longer take part in a hobby they love.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
This type of harm is called noneconomic damage. It is not shown by a receipt alone. Honest details about pain, sleep, distress, and daily life can help explain its effect.
Legal references: [1] Civil Code § 3333 — Compensation for harm · [2] CACI No. 3905A — Noneconomic harm (2026 edition) · [3] Civil Code § 3333.4 — Limits on certain damages
What can change the answer?
There is no set dollar amount or simple multiplier. Some claims have limits. Some people may be barred from this type of recovery.
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Capelouto v. Kaiser Foundation Hospitals
Supreme Court of California · 1972
7 Cal.3d 889, pp. 892–895
Pain may be shown by more than a medical bill. The court allowed lay proof and, in some cases, inferences from the injury.
This does not set a price for pain. You still need proof, and some claims have special limits.
Case applicability reviewed as recorded above.
A useful next step
Keep honest notes about pain and daily limits. Describe specific changes rather than guessing at a price.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- Civil Code § 3333 — Compensation for harm ↗Statute · Review recorded above
- CACI No. 3905A — Noneconomic harm (2026 edition) ↗Jury instructions · Review recorded above
- Civil Code § 3333.4 — Limits on certain damages ↗Statute · Review recorded above
- Capelouto v. Kaiser Foundation Hospitals (1972) 7 Cal.3d 889 ↗Case law · Review recorded above
Updated 2026-11-04. Read our editorial standards.