Victims of accidents can seek “damages” or compensation and also seek money for pain and suffering with the assistance of a lawyer. In California, the award given to the plaintiff depends on the jury’s decision. Some cases end where the plaintiff gets thousands of dollars, but some plaintiffs up with nothing. The insurance company and the jury base their awarding decision on the evidence presented to them. What matters the most is your injury lawyer. The lawyer should have the capacity to persuade the insurance adjuster or the jury. Also, the pain and suffering lawyer should have a clear understanding of how your pain and suffering should be valued.
Who pays for pain and suffering in a car accident?
The careless driver who caused the collision and your injury. California law requires that all drivers have auto insurance. Therefore, nearly all auto accident cases, the insurance company for the careless driver will pay for pain and suffering.
How to recover money in California, for pain and suffering
It is evident that you experience pain and suffering from injuries due to a car accident or fall. But it’s only you who knows the level of pain and suffering you are experiencing. The level of pain differs from one injured person to another.
In California, it’s up to the jury to decide the dollar amount awarded in a personal injury lawsuit. In the case of wrongful death, damages for pain are based on the deceased’s experience. However, the survivors’ pain and suffering become unconsidered during the trial.
For car accidents in California, the plaintiff can seek compensation for pain and suffering because the no-fault insurance law provides awards for damages on “serious injuries.” It defines “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” or even a significant hindrance. To effectively apply the above terms, lawyers must have experience on how the terms previously were used during trials. Personal injury lawyers at Nakase law firm provide excellent outcomes since they have over 60 years’ experience handling such cases.
How much will i get for pain and suffering from a car accident?
Your attorney is responsible for persuading the jury to award you for 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. Especially, if it has also affected the relationship between you and your family members or friends.
The jury considers awarding the plaintiff a dollar figure on the complainants’ pain and suffering. Sometimes the award is based on the plaintiff’s losses from, for instance, lost income, property damage, or medical bills.
Juries also consider a plaintiff’s age. Young individuals suffering from car accidents likely suffer longer than older individuals. Disabling injuries caused by slip-and-fall accidents on ice or snow do not compare to those caused by medical malpractices.
Due to the experience our lawyers have dealing with such cases, we establish high 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 there is no amount of money to eliminate the pain you encountered. However, when you properly settle, we aim to ensure your financial security.
We work with professional financial specialists, medical experts, and investigators. These specialists ensure valid and strong evidence is presented with proper documents to establish a winning case.
Pain and Suffering Definition from Cornell Law