Can An Accident Victim Sue For Pain And Suffering?

Michael Waks

10 years ago

Accident victims suffer from a variety of injuries. The physical injuries, such as spinal cord injuries, traumatic brain injuries, broken bones and lacerations, occur at the time of the accident. Those injuries; however, are often not where an accident victim’s suffering ends. Oftentimes, as a result of an accident, the victim needs to deal with physical pain, mental and emotional pain and/or the pain of adjusting to new physical limitations and a lower quality of life.

When this happens, California law allows personal injury accident victims to receive monetary compensation for their pain and suffering.

What are Pain and Suffering Damages?

In personal injury lawsuits, “damages” is the total compensation an accident victim is awarded for harm caused by someone else’s negligence. Pain and suffering damages is the part of total damages that compensates a victim for the pain and discomfort he or she experiences as a result of the original injury. Unlike “economic damages” such as medical bills or lost wages, pain and suffering are “non-economic damages.” In other words, pain and suffering encompasses the damages that cannot be measured in exact monetary terms.

Some types of pain and suffering for which damages are commonly awarded include:

Physical pain – aches and pains
Emotional pain – depression, stress, anxiety, trauma
Temporary or permanent limitations on personal activities
Loss of enjoyment of life – interference with work or hobbies
Feelings of loss associated with the death of a loved one in the accident
Scars or disfigurement

Calculating Pain and Suffering Damages in California

There is no formula for determining the right amount of money to compensate an injured victim for his or her pain and suffering clicca qui. Just as each injury is unique, so is how each victim will be effected by his or her injuries. The amount that is ultimately awarded for pain and suffering will largely depend on the circumstances of the accident, the extent of the injuries, the length of time needed to recover, and the impact the injuries will have on the victim and his or her quality of life.

Because pain and suffering is subjective, it is hard to quantify. Damage awards in seemingly similar cases are often very different. That is why it is important to hire a skilled personal injury attorney who can convey to the jury the real impact the accident has had on his client.

Contact an Experienced Long Beach Automobile Accident Attorney to Assist with Your Claim

“Your Injuries are Personal to Me”

My law practice exclusively represents personal injury victims and does so with a deep understanding of their suffering and an absolute commitment to their recovery. I take your injuries personally, and that is why I directly handle all aspects of every case to ensure that you receive maximum compensation.

Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.