In California, you may be able to recover damages for non-economic losses such as pain and suffering as part of a personal injury lawsuit if you have sustained injuries in a car accident. And also, you can prove that the other driver was at fault. The amount of damages you can recover for pain and suffering is generally based on the severity of your injuries. The extent to which they affect your daily life and ability to work, and the length of time it is expected that you will continue to experience pain and suffering.