# What does “pain and suffering” mean?

Canonical: https://californiapersonalinjurylaws.com/guides/pain-and-suffering/

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied.

## Short answer

Pain 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.

## Hypothetical example

After a crash, a person cannot sleep well. They can no longer take part in a hobby they love.

## 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.

## 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.

## A useful next step

Keep honest notes about pain and daily limits. Describe specific changes rather than guessing at a price.

## Court decisions behind this answer

### Capelouto v. Kaiser Foundation Hospitals (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.

Limit: This does not set a price for pain. You still need proof, and some claims have special limits.

Source: https://law.justia.com/cases/california/supreme-court/3d/7/889.html

## Sources

- [Civil Code § 3333 — Compensation for harm](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3333.)
- [CACI No. 3905A — Noneconomic harm (2026 edition)](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf)
- [Civil Code § 3333.4 — Limits on certain damages](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3333.4.)
- [Capelouto v. Kaiser Foundation Hospitals (1972) 7 Cal.3d 889](https://law.justia.com/cases/california/supreme-court/3d/7/889.html)

General information, not legal advice.
