Personal injury claims for pain and suffering after a car accident are becoming increasingly common. These cases are taken seriously because car accidents are traumatic events that cause untold emotional repercussions and serious injuries too. If you are considering making a claim of this nature, you will naturally wonder how much compensation is owed. The answer is case-dependent and will be determined by the extent of injury and suffering.
How Are Pain and Suffering Defined in CA?
Pain and suffering are somewhat unquantifiable, however, there are a few ways to determine the amount a plaintiff has suffered. Factors such as the severity of injury and the scale of consequences it inflicted all have an important part to play and will be taken seriously. If you can show that you have lasting physical pain, event-specific anxiety, depression, your life has changed for the worse, or you are working through PTSD then this is grounds for movement. Though, these are not the only circumstances that can be put forward.
When a Loved One Dies
If you are filing a lawsuit because you have lost a loved one, there are different things to take into account. You may not have suffered from any injury yourself, but the very fact that you are grieving the life of someone you love is more than enough justification for bringing a case into action. Talk to our wrongful death attorney experts at Karns & Karns Personal Injury and Accident Attorneys to understand more about how to begin this type of legal journey.
When There is No Physical Injury
It is possible to set a lawsuit or insurance claim into motion if you have no physical injury to evidence. If you have been through something traumatic, and there have been substantial impacts on your mental health which continue to affect your ability to re-engage with typical life, you have a case.
Common Ways to Prove Pain and Suffering
If you are wondering how to prove pain and suffering, our team can help. The following factors are frequently assessed in this type of case, and anything you can offer to prove a single one will be useful when it comes to determining the final compensation amount.
Medical Records
Medical records are official accounts of the physical injuries you are claiming for. If there are no physical injuries, then a statement from a doctor or healthcare official like a psychologist will be beneficial as well. This will be a big part of how the case is assessed so while you are not legally obligated to provide such details, the act of not doing so will decrease the amount of compensation you are entitled to.
Therapist Reviews
Therapist reviews will confirm that the emotional pain you are claiming is valid. They are bound by client confidentiality but you can request a statement on your behalf that supports the claim in question. This should detail the extent of your sessions and all of the ways you have been impacted through their professional lens.
Proof of Life Pre-Accident
The main reason these claims are brought to life is because the victim has suffered in life after the accident. They may not be able to work, or even go out and enjoy time with their friends. You can prove this through photographs and witness statements of how you were before the accident, and by representing what life looks like now. If you are staying in the house more often, for example, this will be straightforward enough to prove.
Family and Friend Accounts
You can also ask family and friends to provide accounts to support your claim. These should detail how you were before you were injured or emotionally scarred, and the ways you have changed since it took place. These will be crucial bits of evidence because the people you are closest to always have the deepest insight into your personality and well-being.
Are There Any Limits on What You Can Claim?
In California, any good car accident lawyer will know that there are no limits to what you can claim. This means everything should be on the table for discussion and that you receive an appropriate, proportionate sum for your losses. This doesn’t mean you can request a ridiculous, unrealistic sum but it does mean that is possible to assign a complete amount to what you have been through and work with the process to get what you deserve.
Two Common Methods
There are two common methods that are used in both insurance claims and lawsuits. These options aim to assign a monetary figure to the pain and suffering you have experienced both during and after the incident occurred.
Multiplier
The multiplier method considers every single economic hit you have taken and puts it against a scale of 1-5. This scale represents the degree of suffering you have entailed and factors in things like the extent of pain and emotional toll of the accident in question. Your personal injury accident attorney will be able to determine the correct number that your circumstances should be defined as.
Per diem
This is a calculation method that considers the daily dollar amount that you could claim post-accident. For example, if you have been forced to take time off from work and are therefore losing income at a rapid rate, this is relevant. Each day you have lost will be calculated and become a part of your settlement figure.
Pain and suffering are entirely personal things. What you feel is unique to you, and nobody should dismiss this without a thorough investigation. When an accident takes place or you face life without a loved one by your side, our attorneys can help you make the right decisions and seek justice.
Karns & Karns Personal Injury and Accident Attorneys are here to help. Make an appointment at our law offices to discuss the case with our team of professional experts or pick up the phone and make a call to begin the conversation.
