Pain and suffering in a California truck accident refer to compensatory damages. These damages cover the physical pain and mental anguish you suffer as a direct result of your injuries from the accident. If you or a loved one has suffered injuries in a truck accident, the compassionate team of accident attorneys at Maison Law is dedicated to getting the compensation you need to fully recover your damages. Contact Maison Law today for a free consultation and case evaluation.
What is Pain and Suffering?
The term “pain and suffering” refers to all forms of psychological and emotional harm a victim may suffer after an accident. These damages are considered non-economic damages because there is no intrinsic value that can be assigned to emotional or psychological harm. Harm is a subjective term because it affects people in very different ways, even if they suffered the same accident. So, determining damages for pain and suffering can be challenging. Some examples of pain and suffering include:
- Physical pain from injuries or treatment
- Insomnia
- Fear
- Psychological trauma
- Anger
- Grief
- Anxiety
- Depression
- Embarrassment or humiliation from mental anguish
- Sexual dysfunction
- Post-traumatic stress disorder
- Reduced quality of life
- Reduced enjoyment of life
- Reduced life expectancy
- Increased susceptibility to future injury or harm
- Loss of consortium
How Much is Pain and Suffering Worth
Compensation for pain and suffering is complicated. In some cases, it may not be awarded at all, depending on the circumstances. Other times, it can be worth ten times more than all of your medical bills combined, especially if your case involves catastrophic injuries or significant harm.
It is important to know that California does not have a cap for the amount you can receive for pain and suffering in a personal injury case. While there is no fixed template for calculating the monetary value of pain and suffering, the severity of your accident can help determine its value. Here are some factors to consider:
- The extent of recklessness, or intentionally harmful acts committed by the defense
- How long your injuries have lasted and what permanent damage has been done to your life
- The general physical and emotional distress sustained by others with a similar injury
- The impact your injury has had on your professional career
- The medical treatment received and ongoing treatment required
- Permanent changes to your daily life and if a full recovery can be expected
How Does the Law Define Pain and Suffering Damages in a California Truck Accident?
There is no set standard in California law for pain and suffering other than the damages awarded shall be reasonable. There is no complicated legal process for pain and suffering, only reasonable consideration. This is stated in California Civil Code 3359:
“Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered.”
How to Prove Pain and Suffering in a California Truck Accident.
For pain and suffering, there is no established standard for what a jury or judge can use to calculate a fair amount. It is up to the plaintiff to present evidence of physical pain and emotional trauma to assist them in making their decision. Pain and suffering can be proven using the following evidence:
- Physical pain: typically shown through medical records, this highlights discomfort and agony caused by the injury.
- Mental Anguish: this includes emotional distress, fear, anxiety, anger, and depression, which have stemmed from your injury. This is usually represented in witness statements and therapist reports.
- Loss of enjoyment of life: this is the enjoyment of life you’ve been deprived of because of your injury. This could be a surfer who can no longer surf. Evidence of this can be displayed with past pictures and videos, as well as witness testimony.
- Impact on relationships: injuries affect your ability to maintain relationships, which can put unnecessary stress on a person’s life. This evidence can usually be displayed in a person’s finances if it was a business relationship. It can also be represented with photos and witness testimony.
Contact a Truck Accident Lawyer in California
If you or a loved one has been injured in a truck accident in California, the personal injury attorneys at Maison Law are standing by to help you get the compensation you need. We understand the enormous medical costs associated with truck accidents and will aggressively pursue a settlement to match the full extent of your damages. If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf.
Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and we don’t make a dime unless your case is won.
