A California car accident can leave you reeling with injuries. If you were involved in a collision that was someone else’s fault, you have a right to file a personal injury claim.
Pain and suffering is one of the most misunderstood damages in injury cases. These are the facts you need to know after a car accident in California.
What is Pain and Suffering?
Pain and suffering, which commonly affects victims of car accidents, falls under the category of noneconomic damages. Unlike medical expenses and lost wages, there is no specific dollar amount attributed to this type of damage in an injury case. However, there is a method for calculating what your pain and suffering is worth.
Understanding Pain and Suffering Damages
Different types of damages are considered when you sue for pain and suffering after a car accident in California. They may include your physical pain, mental trauma such as anxiety, post-traumatic stress disorder (PTSD) or emotional distress, loss of consortium and loss of enjoyment of life. Often, pain and suffering prevents you from moving forward from your accident, which is why seeking compensation is warranted.
How Are Pain and Suffering Damages Calculated?
Because there is no set value on pain and suffering damages, the multiplier method is used when calculating compensation. It involves using a number between 1.5 and 5 and multiplying it with your economic damages. The number is determined based on the severity of your injuries. For example, if you have suffered a mild concussion after a car accident, your multiplier might be 2. However, if you sustain a severe spinal cord injury rendering you paralyzed, that number could be 5.
However, even with minor physical injuries, a higher multiplier can be used for pain and suffering. For example, a car accident resulting in a mild back injury may warrant higher compensation if the victim develops PTSD. If the experience causes them to develop a fear of driving or even getting into a vehicle as a passenger, they might recover a higher settlement.
How Do You Prove Pain and Suffering?
You must prove pain and suffering if you seek compensation for it. Although many of these damages are subjective, certain things can serve as evidence. Your medical records are among the strongest pieces of proof because they show the nature of your physical injuries and the treatment you’ve received for them. Your medical bills are also crucial evidence.
Photos of your injuries and damages from the car accident can show the severity of your pain and suffering. If you’ve required ongoing treatment such as physical therapy or counseling for psychological trauma such as PTSD, it proves that pain and suffering.
Pain and suffering damages normally cause victims to lose time off from work and stop engaging in their favorite activities. For example, even with a mild injury, psychological trauma can prevent a person from performing their regular daily tasks. If you can’t work due to your pain and suffering, a letter from your employer and proof of your income are strong pieces of evidence.
Expert witnesses can testify to prove you’ve experienced pain and suffering. Medical experts are integral to personal injury claims involving these damages and can help ensure you get the maximum compensation.
If you sustained a personal injury and pain and suffering after a car accident, you need an attorney’s assistance. A lawyer can expertly represent you and fight to get you a satisfactory settlement.
