Maison Law helps injury victims in California with the legal process. One way we do this is by answering any question you might have. Any injury brings its share of difficulties, but one area that’s common in any injury is the pain it can cause. This is one of the main forms of compensation available to you when you file a claim, and our team can help you with the process. Contact us today for a free consultation.
What is Pain and Suffering Damages in a Personal Injury Claim?
When you’re injured, one of the most pressing challenges you have to face is the pain you go through. Obviously, the more hurt you are, the more pain you’re probably in. But in terms of the legal system, it’s sometimes hard to figure out how someone can put a dollar sign on this pain. After all, no two people respond the same way to a certain injury.
With that said, “pain and suffering” is one of the categories of damages that are available in a personal injury claim. It’s generally considered “non-economic”, meaning that it’s not directly related to financial losses. Rather, it’s more related to the hurt that’s caused by the injury. For example, you might suffer a broken arm in a car accident, which is incredibly painful. So, part of your damages is related to the impact this injury has on you.
Specifically though, pain and suffering revolves around the physical pain that comes with injuries from an accident. This can vary widely from case to case, but usually involves things like:
- Back pain
- Headaches
- Neck pain
- Traumatic brain injuries (TBIs)
- Nerve damage
- Broken or fractured bones
- Dislocated joints
- Organ damage
- Paralysis
Pain is a unique part of any accident, but if you’re going to file a claim, you need to know how it’s quantified and what you need to do to make sure you recover it in your claim.
How is Pain and Suffering Quantified in an Injury Claim?
Even though it’s considered non-economic, there’s still ways to get money out of the pain and suffering you go through after an accident. To do this, though, you have to prove your claim. So, when you claim pain and suffering, here’s what you need to do to quantify it:
- Keeping extensive records of your injuries and treatment
- Gathering witness accounts and expert testimony from your doctors, surgeons, and people in your daily life that see your struggles
- Keeping a daily journal of how the pain is impacting your life
- Showing how you’re not able to enjoy your life as you did before the accident and your injuries
Like any claim, the more you’re able to show your damage, the stronger your claim is. This is also true with pain and suffering. Keeping good records and showing how the pain is impacting your life is a great way to make sure you get what you’re owed in the legal process.
How Can You Recover Pain and Suffering Damages in California?
While your pain and suffering won’t be the same as another person’s, the way that it (and other damages) can be recovered is by filing an injury claim. This lets you make a case by filing either:
- An insurance claim
- A personal injury lawsuit
This is your main protection against someone else injuring you because of negligence. Regardless of the type of accident, California law lets you ask for certain “damages” from them (more accurately, their insurance company.) On top of pain and suffering, you can also recover things like:
- Medical expenses – These are costs for your medical care, such as hospital bills, surgeries, medications, and therapy.
- Lost income – These damages are for any income you miss out on because you’re unable to work because of your injuries. It can also cover future earning potential if you can’t work anymore.
- Property damage – These damages are for any repair or replacement costs for your personal property that’s damaged in the accident, like your car, clothing, or phone.
- Emotional distress – Similar to pain and suffering, these damages are costs for the psychological and emotional issues from the accident, including anxiety, depression, or PTSD.
- Loss of enjoyment of life – These damages provide costs relating to your inability to enjoy activities and your overall life the way you did prior to the accident.
- Loss of companionship – Similarly, these damages provide costs relating to the changes in your personal relationships caused by the accident.
One major hurdle for any claim is filing within California’s statute of limitations, which is two years from the date of the accident. Miss this deadline, and you can’t file a claim or recover damages at all, no matter how strong your case is or how hurt you are.
So, this means It’s crucial to act quickly to meet all legal deadlines and strengthen your case. The best way to do that is to meet with our team early on so we can get the recovery process started for you.
Contact Maison Law For Legal Help in California
Facing an injury in California is a painful experience, no matter what type of accident you’re in. When this happens, you should reach out to our team of California personal injury lawyers at Maison Law. With our guidance and support, we can help you recover damages for your pain and other losses. Don’t wait–contact us today for a free consultation to get the legal help you need.
