Victims of accidents not only can they seek “damages” or compensation but also seek money for pain and suffering. In California, the award given to the plaintiff depends on the jury’s decision. Some cases end up when the plaintiff gets thousands of dollars, but some end up with nothing. The insurance company and the jury base their awarding decision on the evidence presented to them. What matters a lot is your injury lawyer. The lawyer should have the capacity to in persuading the insurance adjuster or the jury. Also, the lawyer should have a clear understanding of how your pain and suffering be valued.
Nakase law firm provides a realistic and aggressive representation in different ranges of wrongful death and personal injury cases. We have experienced lawyers who put the value of our clients at the forefront. You are guaranteed quality services ranging from calculating the damages and persuading the jury and the insurance adjuster.
You can reach us on 619-550-1321 for more information and quality services.
How to recover money in California, for pain and suffering
It is evident that you experience pain and suffering from injuries due to, for instance, a car accident, or fall accident. But it’s only you who knows the level of pain and suffering you are experiencing. This means that the level of pain differs from one injured person to another.
In California, it’s up to the jury’s decision on the dollar amount awarded in a personal injury lawsuit. The damages for the pain caused in a wrongful death lawsuit acts based on the dead’s personal experience. However, the survivors’ pain and suffering become unconsidered during the trial.
For car accidents in California, it’s legal for the plaintiff to seek for pain and to suffer damages because the no-fault insurance law provides awards for damages on “serious injuries.” It furthers to define “serious injuries” as injuries resulting in:
- Loss of life
- Dismemberment (loss or destruction of the body parts.)
- significant deformity ( amputation, or scarring)
- Bone fracture
- Loss of fetus
- Either, body system, organ or part permanently tempered or loosed
- Major hindrance of using significant parts or body system functioning.
There are results highlighted above that are straight forward, for instance, loss of body part. However, some are not clear; for example, “significant deformity” ore even a significant hindrance. To effectively apply the above terms, lawyers must have experience on how the terms previously were during trials. Personal injury lawyers at Nakase law firm provide excellent outcomes since they have over 60 years’ experience handling such cases.
Setting a dollar value on pain and suffering
Your attorney is responsible for persuading the jury to award you from the pain and suffering by presenting:
- Medical records. Which includes medical treatment requirements and psychological treatment you received while dealing with the chronic pain and suffering.
- Testimonies from expert medics to provide an overview of the injury, treatments, and the expectations of the recovery need be at hand.
- Records from work proving how the injury makes you not able to attend to duties hence unable to earn a living.
- Personal testimony about the pain and suffering you have endured
- Testimonies from your friends and family members on how you have dealt with injuries. More so, if it has also affected the relationship between you and your family members or friends.
The jury considers awarding the plaintiff by giving a dollar figure on the complainants’ pain and suffering. Sometimes the award is based on the plaintiff losses from, for instance, lost income, property damage, or medical bills.
Another consideration placed on the table is the age factor of the plaintiff. Young individuals suffering from car accidents likely suffer longer than older individuals. Disabling injuries caused by slip-and-fall accidents on ice or snow are always not the same to those caused by medical malpractices.
Due to the experience our lawyers have when dealing with such cases, we establish handsome dollar value for pain and suffering. However, the personal injury case will need substantial evidence.
Contact us for the experienced California personal injury lawyers
The California personal injury lawyers at Nakase Law Firm attribute that, no amount of money to eliminate the pain encountered. However, when you properly settle, we aim to ensure your financial securities are in place.
We work with professional financial specialists, medical experts, and investigators. This is to ensure proper documents, valid and strong evidence presented so that to establish a winning case.
Reach us on 619-550-1321 for your legal options.