Maison Law helps answer questions of car accident victims in California. A car accident can be incredibly painful, both physically and financially. That said, there’s legal options in place that take this into account. Our team will be there to guide you through this process. Contact us today for a free consultation to learn more.
How Much is Pain and Suffering Worth in a Car Accident Claim?
Every car accident has its own unique factors, but one thing that’s nearly universal is that it can be painful. The worse the collision is, the more likely you’ll be injured, and on top of that, it’s very traumatic. This equates to physical and emotional pain that the claims process takes into account when you ask for damages.
The question then becomes: what is your pain and suffering worth? The answer depends on the circumstances, and there’s not a set formula. That said, there’s a few ways you can quantify it:
- Document the impact – Write down how your injuries affect your day-to-day life. For example, note if simple tasks like walking, lifting, or sleeping have become more difficult or painful. This helps demonstrate how much your life has changed.
- Show how your life has changed – Highlight how the accident has impacted your ability to enjoy life. If you can no longer do the things you love, like hobbies, spending time with loved ones, or working, make sure to include this in your claim.
- Keep records and documentation – Save all documentation related to your injuries, including hospital visits, doctor’s notes, prescriptions, and therapy records. These are critical for proving how the accident has impacted you both physically and financially.
- Gather statements – Get statements from medical professionals, as well as friends or family, who can speak to how your injuries have affected you both prior to and after the accident. Medical experts can also explain the long-term consequences of your injuries.
The more evidence you can provide, the stronger your claim will be. Keep in mind, everyone’s response to injuries is different, so you have to be specific about how the accident has affected your life. But again, pain and suffering is just one of the areas of financial support that’s available to you.
What Other Damages Are There in a Car Accident Claim?
When you’re hurt in a car accident, filing an injury claim allows you to recover damages for your pain and suffering. This is your primary legal protection when someone else’s negligence causes your injuries. Regardless of the type of accident, you can file a claim by:
- Filing an insurance claim
- Filing a personal injury lawsuit
Under California law, you can recover compensation, or “damages,” which are often covered by the at-fault party’s insurance. In addition to pain and suffering, you can recover damages for:
- Medical expenses – These cover costs for medical treatment, including bills for surgeries, medications, therapy, and ongoing care.
- Lost wages – This covers any wages lost due to your injuries, including future earnings if you’re unable to return to work.
- Property damage – This covers the cost to repair or replace damaged items like your car or phone.
- Emotional distress – This covers the psychological impacts like anxiety, depression, or PTSD caused by the accident.
- Loss of enjoyment of life – This covers damage to your ability to enjoy your life or relationships. For example, if you can no longer participate in hobbies or your family relationships are damaged, you can recover financial support for that.
California law requires you to file your claim within one year of the accident. Missing this deadline means losing your chance to recover damages, no matter how strong your case is. Acting quickly is crucial, and it’s also important to take the right steps to strengthen your claim.
What Makes Up Pain and Suffering After a Car Accident?
After a car accident, one of the biggest challenges is dealing with the pain from your injuries. Figuring out how to put a dollar amount on that pain can be tough because everyone experiences pain differently.
On the other hand, virtually everybody understands that injuries can hurt, and some injuries are more painful than others. So, when you file a claim for pain and suffering, it’s helpful to look at how certain injuries are quantified:
- Headaches – Frequent or severe headaches are assessed based on how they affect your daily life and ability to enjoy activities.
- Neck pain – Ongoing neck pain is considered based on how it limits your movement and causes discomfort.
- Traumatic brain injuries (TBIs) – Serious brain injuries are evaluated by how they impact your thinking and overall well-being.
- Nerve damage – Pain or problems from damaged nerves are assessed by how they affect your ability to move and feel sensations.
- Broken bones – The pain and time needed to recover from broken bones are considered, along with any lasting effects.
- Dislocated joints – Pain from dislocated joints is assessed by how it affects your movement and healing time.
- Organ damage – Pain and issues from internal injuries are evaluated based on how severe they are and how they affect your health.
- Paralysis – The extent of paralysis is assessed by how it impacts your ability to move and perform everyday tasks.
Understanding and documenting your pain is crucial for getting a fair result in a claim. More to the point, though, it can help to have experienced legal support and guidance. Our car accident lawyers at Maison Law can explain your options, help you gather crucial evidence, then stand up for you in the claims process with an insurance company or judge and jury.
Get Legal Help From Experienced California Car Accident Lawyers
Handling injuries from a car accident in California can be tough and painful. If you’ve been injured, reach out to our skilled team at Maison Law. We’re here to help you through the legal process and get financial support for your pain and losses. Contact us today for a free consultation.
