BlogIf you have suffered injuries due to someone else’s carelessness, you may be entitled to pain and suffering compensation. This relief goes beyond just paying medical bills and replacing or repairing damaged property.
Understanding Pain and Suffering Compensation
Pain and suffering is a legal remedy for compensation when you have been injured because of someone else’s carelessness (also referred to as negligence). It is generally understood that you should not be responsible for expenses associated with your injuries. Had it not been for the other party’s action, you would not have had that hospital bill, costly medication, or loss of wages. The negligent party should be responsible for those expenses.
Unlike these tangible damages, pain and suffering compensation does not come with an exact donly amount. This legal remedy includes not only physical pain but also emotional and mental suffering. These can consist of sleeplessness, inconvenience, grief, development of PTSD or other mental conditions, and the loss of enjoyment of life.
Do I Have a Case for Pain and Suffering?
Anytime you face a significant injury that impacts the way you live your life, there is a good chance that you have a valid claim for pain and suffering compensation. There are three different types of damages for pain and suffering.
Physical Pain and Suffering
Injuries can be excruciating, and no two are exactly alike. If your injury is significant enough to keep you from comfortably returning to your normal activities, you should be compensated. For example, back pain is a common injury in car accidents. You should be compensated for a back injury that is going to give you persistent long-term pain. Some injuries can be far worse, such as paralysis.
Emotional Pain and Suffering
Severe mental and psychological suffering can be difficult to monetize, but it is real. This type of damage could include developing conditions such as insomnia, PTSD, anxiety, depression, and more. Mental and emotional anguish can be debilitating.
Loss of Consortium
Loss of consortium claims involves death or serious injuries that prevent the victim from functioning normally and healthy. Unlike other pain and suffering damages, loss of consortium does not compensate the accident victim. Instead, it is available to the deceased’s spouse , dependents, or parents of a minor.
Loss of consortium is generally defined as loss of companionship and fellowship, meaning the right of each to the company, cooperation, and aid of the other in every conjugal way.
How Much Is Pain and Suffering Worth?
There is no average value attached to pain and suffering compensation. When answering the question, How much are pain and suffering worth? There are a number of factors that come into play:
- The severity of the specific injury,
- Type of medical treatment required,
- Victim’s age,
- Length of treatment,
- The prognosis for recovery, and
- The long-term impact of the injury.
The severity of the injury and its impact on quality of life determines the compensation you are entitled to.
California Pain and Suffering Compensation
There is no general cap for pain and suffering in California. However, the state does not allow damages for pain and suffering in workers’ compensation cases. There is also a $250,000 cap on pain and suffering damages for malpractice claims.
Vehicle accidents are common incidents that entitle victims to pain and suffering compensation. However, a driver convicted of a DUI cannot receive non-economic damages like pain and suffering. There are also limits on damages for uninsured drivers.
Proving Your Claim for Pain and Suffering
The majority of evidence needed to support your claim for how much your pain and suffering is worth is going to revolve around the extent of the injury and the limitations it imposes compared to your previous activity. Some potential evidence may include:
- Police reports from the incident that caused the injury;
- Photos from the accident;
- Medical records from all related treatment;
- Doctor and therapist notes or testimonials;
- A list of all required medications;
- Visual proof of previous active lifestyle, which could include photos, videos, or even social media posts;
- Testimony from family or friends regarding lifestyle changes;
- Workplace testimony about changes in productivity; and
- Expert testimony regarding limited earning capacity.
Gathering this evidence is an integral part of achieving fair compensation. An experienced personal injury attorney will understand and recommend the best way to present your case for pain and suffering compensation to get you what you deserve.
Hiring a Personal Injury Attorney for Pain and Suffering
The dedicated legal team at The Farzan Law Firm makes it their personal mission to see that justice is served and you are fully compensated for your pain and suffering. We are not afraid to litigate on your behalf. Don’t continue to suffer any more than you already have.
If you have endured physical or emotional pain and suffering due to someone else’s negligent action, contact us for a free consultation and evaluation of your case online or at 866-523-5345.
Joseph Farzam
Mr. Farzam attended Santa Monica high school and worked at McDonald’s and local coffee shops to support himself. Although he worked 2 or 3 jobs, he valued education greatly and earned a bachelor’s degree from California State University, Northridge in biology, and attended the prestigious Pepperdine University School of Law. He graduated with high marks and passed the California bar exam on the first try. Mr. Farzam has received the coveted titles of Super Lawyer, Los Angeles Magazine’s Top Lawyers, and has received The Litigator Awards. He is a proud member of the Consumer Attorneys Association of Los Angeles (CAALA) and California Employment Lawyers Association (CELA).
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