How to Prove Pain and Suffering in a California Car Accident Claim
Car accidents can take a toll on the emotional well-being of victims. Physical injuries may heal in time following an accident, but pain and suffering may prolong for years, or even decades. Some victims may experience emotional pain and suffering due to their accident for the rest of their life.
Pain and suffering due to an accident are a form of non-economic damages. If you have been injured in an accident that has caused you to endure pain and suffering, you may be able to recoup compensation for this type of injury and loss that negatively impacted your life. Consult with an experienced attorney today for an assessment of your claim.
What Is the Legal Definition of Pain and Suffering in California?
Pain and suffering, under California law, are considered non-economic damages. Unlike economic damages that require evidence to calculate, non-economic damages are intangible and cannot be based on evidence, like photos or medical bills. They are a lot more complicated to calculate and may need the expertise of a seasoned California lawyer. Pain and suffering damages include:
- Emotional distress
- Scarring and disfigurement
- Diminished quality of life
- Embarrassment or humiliation
- Loss of an organ or limb
- Loss of enjoyment in living
- Loss of spousal benefits
- Diminished enjoyment in engaging in activities
If you have suffered a diminished quality of life and devastating emotional distress after your accident, you may benefit from speaking to a car accident lawyer regarding your claim.
How to Prove Pain and Suffering Damages in a California Car Accident Claim
There is no physical evidence that can prove pain and suffering, which can make it more difficult to calculate and verify. Despite the lack of tangible evidence, pain and suffering losses exist and deserve compensation. A skilled attorney can bring objective evidence to settlement negotiations to help bolster your pain and suffering claims. Examples of the physical evidence include:
- Medical records
- Imaging tests like X-rays, MRIs and CT scans
- Documentation and notes from medical professionals such as doctors, chiropractors and physical therapists
- Witness testimony regarding economic suffering
- Evidence of lost wages
- Photos of damage and injuries
- Showing the diminished quality of life through photo and video
To prove pain and suffering damages, you must provide evidence showing how your car accident has directly impacted daily life in a negative way.
We go the extra mile when it comes to non-economic damages. We take time to discover the story of the many ways our clients’ lives were turned upside down by their injuries. We employ experts, visual strategists, and micro documentary videos to tell those stories. Often this is the crux of the case itself, as the physical injury sets of a cascade of other damages that simply can’t be explained through numbers on spreadsheets. We invest the necessary time and resources to convey the pain and suffering our clients experience so that those damages cannot be denied.
To achieve the best outcome for your pain and suffering claim, speak with an experienced California lawyer that knows how to handle the complexities of the legal system.
How Do You Calculate Damages for Pain and Suffering?
In California, there are two types of methods to calculate pain and suffering damages that insurance companies utilize:
Per Diem Method
A daily compensation rate is applied to your pain and suffering damages. It is determined by the severity of the emotional damages you are experiencing. The number of days is determined by expert testimony and medical records.
The Multiplier Method
This method uses the current and future costs associated with your physical injuries. Afterward, the damages for your pain and suffering are determined by multiplying this amount by a number between 1.5-5. The more thorough and extensive your evidence is, the higher the number will be.
The stronger your evidence is, the more compensation you may be able to recover for your pain and suffering. Pain and suffering damages are devastating to your daily life long after the car accident you endured. These calculations vary depending on the case and accident. Contacting a California personal injury lawyer can make the difference in achieving a better outcome for your claim.
Contact a California Car Accident Lawyer Today
Car accidents can leave a victim feeling emotionally devastated. Pain and suffering damages can linger for years and decades for some victims. If you endured a serious car accident that left you with pain and suffering losses, contact Eric Ratinoff Law Corp. to discuss your potential case.
Eric Ratinoff Law Corp. has helped California clients recover emotional damages from personal injury lawsuits for over 25 years. We understand the toll it takes on a victim’s daily life. Call us for a free consultation at (916) 970-9100 or fill out our contact form.