9 Jan 2019,

When Can An Injured Person Sue For Pain And Suffering Damages?

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 continues 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. The Levinson Law Group wants to help you as you recover from your injuries by protecting you from aggressive insurance adjusters and by cutting through the red-tape to get you the help you need right now.

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. For your free consultation, call (760) 642-5475 today.

Can I Sue for Pain and Suffering Damages in California?

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. Pain and suffering is considered a “loss” for the purposes of calculating the victim’s damages. The at-fault party can be held accountable for the victim’s mental anguish, emotional stress, and physical pain caused by the accident.

Calculating pain and suffering damages can be difficult because these damages are not measured in exact monetary terms through medical bills or lost wages. California personal injury laws do not provide a formula for calculating pain and suffering damages. 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 attorney understands how to present your case in a manner that communicates the true extent of your pain and suffering.

Types of Pain and Suffering Damages

Because pain and suffering is subjective, it is difficult to determine exactly what constitutes pain and suffering for each person. Examples of damages that typically receive compensation as pain and suffering include:

  • Disfigurement and scars
  • Loss of the enjoyment of life
  • Emotional distress over the loss of a loved one
  • Physical pain
  • Emotional distress including anxiety, depression, and stress