If you have been injured in a car accident, in addition to suffering personal injuries and incurring medical and other expenses, victims can also seek monetary compensation for pain and suffering. Knowing what to do after a car accident isn't always clear. In a personal injury case such as a car accident case, pain and suffering damages are a form of monetary compensation intended to compensate victims for the physical pain and mental suffering they have endured in the aftermath of a crash.
Unlike economic damages such as medical bills or lost wages, which are quantifiable and are based on the financial loss you have suffered, pain and suffering can be challenging to quantify. In other words, it can be challenging to assign a monetary value to your pain and suffering. These types of damages are decided on a case-by-case basis depending on the facts and circumstances of the case. Pain and suffering damages are classified as “non-economic damages” as opposed to economic damages such as medical bills and lost wages.
If you have been injured in a Los Angeles car accident, it is important that you seek the counsel of an experienced car accident lawyer who can help you determine the value of your case. A knowledgeable personal injury lawyer will have a clear understanding of how to determine the value of your pain and suffering.
Who Pays for Pain and Suffering in a Car Accident?
The person who is at fault for causing the accident typically pays the damages for pain and suffering. In a car accident case, the at-fault driver or his or her insurance company would pay these damages. If your car accident case goes to trial, the judge or jury will award compensation for medical bills, lost income and other financial losses. In addition, they may also award additional compensation for pain and suffering.
How to Recover Money for Pain and Suffering After a Car Accident
Many car accident victims endure pain and suffering after the traumatic event. However, only victims themselves know the level of pain and suffering they may be experiencing. The level of pain and trauma varies depending on the nature of the incident and the extent of injuries.
In California car accident cases, plaintiffs may be able to seek compensation for pain and suffering because the state's no-fault insurance law provides damage awards for serious injuries, which are defined as injuries that result in loss of life; loss of body parts; injuries that cause scarring or disfigurement; bone fractures; loss of fetus; and permanent injuries that result in lifelong disabilities.
How Much Compensation Will I Get for Pain and Suffering?
The amount of money you get for pain and suffering after a car accident could very well depend on your attorney's experience and ability to convince a jury. Your injuries can also be a factor too. If you have suffered from a neck injury after a car accident your settlement might also differ from someone who only received a few scratches. Here are some of the important pieces of evidence that could impact your compensation for pain and suffering after a car accident:
Medical records: This includes documentation of the type of injuries you sustained and the type of treatment you received. Your documentation should also include any psychological treatment you received as you dealt with chronic pain and emotional suffering.
Expert testimony: A resourceful car accident lawyer will have access to medical and other experts who can provide more details about the injury, treatment and you recovery process.
Personal testimony: In the end, only you can describe what you have endured. It is important that you maintain a journal so you don't leave any details out. For example, it is important that you write down information including what activities you are able to perform and what you are unable to perform; how much pain you've been feeling through the recovery process; how being in pain prevented you from living your life; and how it affected your relationship between your family members and friends.
Factors That Might Affect a Pain and Suffering Award
There are a number of factors a jury might consider before they award damages for pain and suffering including:
Your actual losses such as lost income, medical bills, property damage, etc.
Your age may also be an important factor. Young people severely injured in car accidents are likely to suffer longer compared to older people.
Having your doctor on your side can also really help. Your doctor can help convince the jury of the severity of your injuries. Your doctor's testimony could lend credibility to your claims.
The length of your recovery could also impact the amount of damages you will receive for pain and suffering. If your recovery took just a few weeks or months, you will likely receive less for pain and suffering compared to someone who has been suffering the consequences of an injury for two years or is expected to live with the repercussions for the rest of his or her life. When the length of recovery is longer, you are likely to receive a larger award for pain and suffering.
Contact Our Los Angeles Car Accident Lawyers
If you or a loved one has sustained injured in a car accident because of someone else's negligence or wrongdoing, you may be able to seek compensation for medical bills, lost income as well as pain and suffering and other damages. The experienced Los Angeles car accident lawyers at the Vaziri Law Group Personal Injury Attorneys can help determine liability and how pain and suffering is calculated in your car accident case. Call us at 877-812-1085 for a no-cost consultation and case evaluation.