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Can You Sue for Pain and Suffering Damages in California?
Yes, you can file a lawsuit in California for the pain and suffering you’ve experienced due to an injury caused by someone else’s negligence. The at-fault party can be held accountable for the victim’s mental anguish, emotional stress, and physical pain caused by the accident.
“Pain and suffering” is considered a “loss” for the purposes of calculating the victim’s damages. When most people consider the damages caused by an automobile accident, they immediately think of property damage and physical injuries. However, “damages” encompasses all of the loss experienced by the accident victim due to another person’s reckless, careless, or negligent actions.
In legal terms, damages awarded to an accident victim are split into two categories: special damages and general damages. Pain and suffering fall under general damages, which are awarded in addition to special damages that cover actual financial losses, such as medical expenses, lost wages, and therapy costs.
A personal injury lawyer pain and suffering claim often hinges on proving the emotional and physical toll the accident has had on the victim’s life.
What Is Pain and Suffering Under California Law?
“Pain and suffering” refers to both the physical pain and emotional distress the person has endured. While the term is relatively broad, California law cites the following as examples of non-economic damages that a court can consider when deciding how much to award a plaintiff.
This can include emotional struggles such as anxiety, fear, sleep issues, irritability, and depression, including and in addition to:
- Physical pain;
- Mental suffering;
- Loss of enjoyment of life;
- Disfigurement;
- Physical impairment;
- Inconvenience;
- Grief;
- Anxiety;
- Humiliation; and/or
- Emotional distress.
After an accident, individuals may experience a wide range of pain and suffering, for which they can seek compensation. This can include emotions like persistent anger, anxiety, or apprehension, as well as damage to reputation, depression, or disfigurement.
Other forms of emotional distress might involve embarrassment, humiliation, grief, and mental suffering, all of which can significantly impact a person’s well-being. The effects of an accident may also include physical pain or impairment, such as discomfort from injuries or the loss of the ability to perform daily tasks.
Individuals might also face disruptions to their relationships or a loss of enjoyment and quality of life, especially if they are left unable to engage in the activities they once enjoyed. If you’ve been affected by these types of issues, you need a lawyer to sue for pain and suffering. The team here at Levinson Law Group is always here to help with California personal injury cases or car accident claims.
How to Calculate Pain and Suffering Damages?
Calculating pain and suffering damages can be challenging because these damages are not easily quantifiable in exact monetary terms, as they are not directly measured by medical bills or lost wages.
California personal injury laws do not provide a formula or fixed standard for calculating damages for pain and suffering. Each person’s pain and suffering is unique and based on the extent of the injuries, the recovery period, and the circumstances of the accident. It is also expressed in terms of how your injuries have negatively affected your quality of life.
An experienced California personal injury lawyer understands how to present your case in a manner that communicates the true extent of your pain and suffering.
The jury will consider several factors to determine the amount, including the degree of carelessness, recklessness, or intentionality exhibited by the defendant. The severity of the injury, whether it’s temporary or permanent, and the emotional and physical impact on the person are all considered.
The way the injury affects everyday activities, such as being unable to do things you used to do, is essential. The injury’s impact on work life and overall well-being, as well as the expected recovery time, also play a role. Lastly, the medical treatment received and whether ongoing care is necessary are also factors the jury will consider.
Do You Need a Personal Injury Lawyer Nearby to Sue for Pain and Suffering in California?
Technically, you can pursue a claim for pain and suffering without a lawyer, but it’s strongly advised to hire one, particularly for complex situations such as medical malpractice or cases where injuries are severe.
Having a pain and suffering attorney on your side can significantly improve your chances of a positive outcome, whether in a settlement or jury trial. They’ll help by gathering the necessary evidence, negotiating with insurance companies, and potentially taking the matter to court.
Studies show that individuals who hire a personal injury attorney often recover more compensation compared to those who handle their cases on their own, even after the attorney’s fees are accounted for. The Insurance Research Council found that individuals who worked with a lawyer for their injuries recovered about three and a half times more than those without legal representation.
If you’ve been in a car accident or suffered an injury in SoCal, Levinson Law Group is always ready to assist you with your personal injury case or car accident claim.
What Is Required to Prove Pain and Suffering?
Pain and suffering damages are meant to compensate for personal losses, and proving these losses often requires presenting objective evidence. This commonly includes:
- Medical records and bills that show the treatment you’ve received, including rehabilitation and prescriptions.
- X-rays, photos of property damage, and pictures of injuries can highlight the severity of the situation. Detailed notes from doctors, therapists, and psychologists, along with before-and-after videos of your activity levels, can further demonstrate how your injury has affected your life.
- Social media posts, text messages, and emails may also offer additional context, as can credible testimony from family, friends, and coworkers.
- Personal journals that track your daily activities and pain levels.
- Evidence of lost work time is another way to show how your injury has disrupted your life.
- Expert testimony on medical conditions, bodily harm, or lost earning capacity can also be valuable in supporting your claim.
Understanding Damages in a Pain and Suffering Lawsuit in California
Generally speaking, California law allows persons who are injured in car accidents to seek two different types of compensatory damages. Both are aimed at compensating that person for his or her losses:
- Economic damages: These are precise economic losses that are tied to an objective dollar figure, such as the cost of surgery, a specific set of hospital bills, or lost wages based on pay stubs.
- Non-economic damages: These are more subjective damages that cover losses like physical pain, mental suffering, and emotional distress – all of which do not have an objective dollar figure that can be applied in each case.
As we discussed, California law makes clear that “no fixed standard exists for deciding the amount of … noneconomic damages.” Accordingly, the court must use its judgment to decide on a reasonable amount based on the evidence presented in the case and “common sense.”
When a person is seeking non-economic damages for pain and suffering, that person can seek two different types of damages for pain and suffering:
- Past noneconomic damages (meaning those that the plaintiff already has experienced); and
- Future non-economic damages.
To obtain future non-economic damages, the plaintiff must be able to show that she or he is “reasonably certain to suffer that harm.”
When Can You Sue for Pain and Suffering Damages in California?
Are you suffering from physical pain from your accident, even though the car accident was over a year ago?
Do you have trouble sleeping because you have nightmares of a traumatic semi-truck accident?
Vehicle accidents result in a variety of injuries, including severe brain injuries, broken bones, and spinal cord injuries; however, the physical injuries are not the extent of the victim’s suffering. The victim’s pain and suffering continue long after the noticeable injuries have healed.
As an accident victim, you need the support of a network of physicians and personal injury attorneys as you try to cope with the pain and suffering caused by the negligence of another driver. Under California law, you generally have two years from the date of your accident to file a personal injury claim. However, if you are taking legal action against the government, you must do so within six months.
In some cases, the time limit may be paused, such as when the injury is discovered later than expected. Once the filing period has passed, the court will dismiss the case. If you’re dealing with a personal injury case or car accident claim, we at Levinson Law Group are here to help with your situation.
We are committed to helping you recover from your injuries by protecting you from aggressive insurance adjusters and by navigating the complex legal process to secure the assistance you need immediately.
We accept cases on a contingent fee. That means that if there is no recovery in your case, you pay no fee. And in most cases, we even advance the costs.
Understanding California’s Comparative Negligence Law: What a Pain and Suffering Lawyer Near You Wants You to Know
California operates under a pure comparative fault rule. This means that after an accident, whether it’s a car crash, a fall, or something else, you can still seek compensation, even if you were mostly at fault.
A jury will determine how much of your negligence contributed to the accident and injury. The court then adjusts your potential payout based on the percentage of fault assigned to you. For instance, if you suffered $10,000 in damages from a car accident and were found to be 50% at fault, you could still recover $5,000.
Most cases are resolved out of court, though, without the need for a trial. At Levinson Law Group, we’ve helped many people in SoCal who were partly at fault get the financial help they need after an accident. We are always ready to assist with personal injury cases or car accident claims.
Talk With a California Personal Injury Lawyer Pain and Suffering Lawyer Near You
If you have questions about calculating pain and suffering or require additional guidance from a personal injury lawyer specializing in pain and suffering claims, we encourage you to schedule a complimentary consultation.
At Levinson Law Group, we are committed to fighting for our clients as they heal from life-altering injuries and progress through healing to gratitude, forgiveness, and ultimately closure and peace.
Our experienced SoCal legal team is nearby and always ready to offer support with personal injury cases or car accident claims, ensuring you have the guidance you need throughout the process.
Contact us online or call us now at (619) 436-5000.
