Am I always entitled to pain and suffering damages under California Law?
The answer is, yes. If you sustained physical injury caused by the negligence of another person, the law states that a jury "must" award all damages that are related to this injury. (See California Civil Jury Instruction 3900). This include past and future damages for pain, suffering, anxiety, disfigurement, loss of enjoyment of life and other, related damages. This is in addition to your "economic" damages, which include past and future medical expenses, past and future wage loss of loss of earning capacity, property damage and any other out of pocket expense incurred as a result of the injury.