Pain and suffering damages in personal injury cases refer to awards for both the victim’s physical suffering and emotional suffering due to accident injuries. This is considered to be non-economic damage, and assigning a monetary value to this type of loss can be challenging.
A personal injury lawyer can demystify what qualifies for pain and suffering and how much this particular damage is worth in your case.
Considerations That Will Factor Into Your Potential Compensation for Pain And Suffering
Personal injury claims require you to prove the extent of your losses before you can seek compensation. Your potential compensation for pain and suffering will depend on various factors, such as:
- The extent of your accident-related injuries
- The effect your injuries have on your professional life
- The effect your injuries have on your personal life, including your daily activities
- The maximum medical improvement (MMI) your doctor believes you can reach
Generally, the more extensive your injuries are, the greater your ongoing medical expenses will be. You may also suffer a disabling impairment that interrupts your entire career. If you cannot plan on returning to work and earning your pre-injury income, you will want to make sure that your compensation accounts for that difference. You may also require in-home aid and home modifications to help you cope with normal daily activities.
Your personal injury attorney will also take into account how your injuries will affect your personal life. Some accident injuries and the medical complications that follow prevent accident victims from enjoying the same hobbies they once did. An accident injury can even cause distress in your personal relationships. An attorney will take all of these differences into consideration when fighting for personal injury damages.
You Can Seek Different Awards for Pain and Suffering
Pain and suffering damages usually encompass a range of physical and emotional losses due to accident injuries, including:
- Physical pain
- Emotional distress damages
- Post-traumatic stress disorder (PTSD)
- Depression and anxiety
- Loss of quality of life
- Loss of consortium
If your personal injury case warrants pain and suffering damages, there’s a chance that you also suffered other non-economic losses that qualify for compensation. For example, if a car accident left you with scarring or a disfigurement, your personal injury attorney can also seek awards for this loss.
How a Personal Injury Attorney Calculates Pain and Suffering Damages
There are a couple of different methods a personal injury attorney may use when calculating pain and suffering damages. For example, some attorneys use the multiplier method, which involves multiplying your economic losses by a certain percentage. These calculation methods can be complex, and each personal injury case differs.
The best way to get an idea of what your pain and suffering damages may be worth is by reviewing your case with an accident lawyer. Once they begin working on your case, they can explain this process, along with other aspects of the legal process, and how they apply to your specific situation.
Following Through With Your Medical Treatment Plan Can Help You Seek Pain and Suffering Damages
Whether you suffered injuries in a car accident, motorcycle accident, or another incident, it’s important to prioritize medical care. You should see a doctor, even if you did not require emergency medical services at the scene of the accident. Some accident injuries can be difficult to spot at first glance, but if left untreated, they can worsen and cause more medical complications.
It’s best to protect your health and your personal injury case by seeing a doctor as soon as possible and following through with their prescribed treatment plan. This will help your lawyer calculate your pain and suffering damages. Your doctor’s testimony, as well as their prognosis for your recovery, will play heavily into your pain and suffering damages.
If you delay or forgo necessary medical treatment for your accident-related injuries, the insurance company could move to undervalue or outright deny your personal injury claim. They may try to argue that you contributed to your pain and suffering by refusing medical care. The best way to avoid this is to start on your medical recovery plan and your personal injury case sooner rather than later.
You Have a Deadline for Filing a Lawsuit to Seek Pain and Suffering Damages and Other Forms of Compensation
When seeking any form of fair compensation after an accident, you should remember that you have a deadline to file a personal injury lawsuit in California. According to CCP § 335.1, you typically only have two years after the accident to file a lawsuit. A personal injury attorney can determine how long you have to take legal action and if any exceptions apply in your case.
KJT Law Group Can Demystify Pain and Suffering Damages in Your Personal Injury Case
You don’t have to calculate your pain and suffering damages or any other type of accident-related losses. You can hire a personal injury law firm to do the legal work while you focus on recovering from your injuries and getting your life back on track. Call KJT Law Group for a free initial consultation by dialing (818) 507-8525.