Understanding Pain and Suffering in California Injury Cases
When an accident results in significant injuries to one party, the impact is not just skin deep. If another party’s negligence causes someone’s injuries, physical harm may be only one component of the injuries caused. There are often psychological and emotional scars that can last a lifetime and severely change the way somebody leads their life. This is what pain and suffering compensation is meant to address. In California, personal injury claims may involve pain and suffering compensation. From emotional distress to chronic pain, the law has designated pain and suffering compensation to offer some form of financial relief for the intangible impact an accident can leave on someone’s life.
So what is pain and suffering? How do you prove damages that are not physical? Understanding the way pain and suffering works and what factors influence how the damages are calculated by the court is critical to navigating the legal process and getting the compensation accident victims deserve
How Pain and Suffering Compensation Works In California
California personal injury cases designate compensation beyond simple medical bills or lost wages. If somebody else’s negligence caused your injuries, you may be able to recover compensation for the physical and emotional toll those injuries have had on your life. In California, “pain and suffering” in personal injury claims are specifically engineered to address non-economic damages endured by personal injury victims. These include emotional distress, chronic pain, and a diminished quality of life. As an experienced California personal injury lawyer, we have helped hundreds of accident victims navigate their legal options and advocate for the compensation they deserve for the trauma that was incurred by somebody else’s negligent actions. When a client walks into our office and asks about how much they can expect for pain and suffering, we evaluate the following factors:
- Duration of pain
- Severity of the injury
- How it impacted their daily life
- Disfigurement
- Emotional distress
- The possibility of future complications
California does not impose a statutory cap on pain and suffering damages in the majority of personal injury cases. This means that the damages awarded to the victim or their families can range significantly depending on the specifics of their individual case. An experienced California personal injury lawyer will help you figure out what you justly deserve.
Proving Liability In A California Personal Injury Claim
Demonstrating that another party’s negligence is responsible for your injuries is the cornerstone of any successful personal injury claim in California. To prove liability, you and your legal team must establish the other party’s negligence. The following elements must be proven with evidence:
- That the liable party in the accident owed you a duty of care
- They breached that duty of care
- You were injured as a direct result of that breach of duty
- Your injuries created losses, such as pain and suffering
Contact Us Today
At the Law Office of Ball & Yorke, we understand just how deeply pain and suffering can alter the course of a client’s life. We will evaluate your case and help you collect evidence and prove your pain and suffering. Call the
Law Office of Ball & Yorke to consult with an experienced California personal injury lawyer today.