How Can I Recover for Pain and Suffering – Personal Injury California
Under California Personal Injury Laws pain and suffering are regarded too as NON-ECONOMIC damages. Such losses included the physical and emotional pain and suffering a victim must bear as a result of the negligent or intentional actions of a defendant. Pain and suffering can be shown through the amount of pain medication you must take, emotional distress such as Post Traumatic Stress, anxiety, nervousness, and depression and expert witness testimony showing duration and severity of your injuries.
How much is my Pain and Suffering Worth – Calculating the Monetary Value of Pain in Suffering in a Personal Injury Lawsuit
The value of Pain and Suffering in a personal injury matter is something that juries, judges, attorneys, clients, insurances companies and legal scholars have been grappling with for decades. What is true is that Pain and Suffering account for approximately 50% of the total awards of personal injury settlements.
There can be many theories and justification a court examines to formulate a basis for calculating the value of Pain and Suffering. The moral justification for awarding pain and suffering in personal injury cases is often based on the dual theories of (1) Providing adequate deterrence for the at fault party so that he may think twice before committing the same negligent act and (2) The spreading of the losses including pain and suffering from the victim to a larger pool of persons under a defendants insurance.
Calculations for Pain and Suffering by Courts, Judges and Juries in California:
There the different mechanism courts have used to value a personal injury pain and suffering claim; two of the most common calculations are as follows. Per Diem: A per diem basis for calculating pain and suffering is often used by the California Civil Courts in personal injury cases involving a Car Accidents, Dog Bites, Slip and Fall Accidents, Construction Site Accidents, and Workplace injuries. Per Diem states present the jury with a daily calculation of the emotional and physical pain and suffering imposed by the tortfessor on the injured party. This calculation involves not only the pain and suffering that has taken place but the pain and suffering that is likely to continue in the weeks, months and years in the future. Under such calculations permanent disabilities such as scarring, disfigurement, paralysis, and brain damage will be given much greater weight and are likely to result in greater awards and verdicts by juries.
Value for relief from pain: This is calculated by the amount of money an average individual will want to pay to be relieved from pain and suffering being experienced. So a jury will have to be presented with an analysis of how much money they are willing to pay to alleviate or eliminate the pain a plaintiff has and is continuing to experience.
Expert Injury Attorneys can Increase your Chances of a larger Settlement for Pain and Suffering:
In order to increased the likelihood of a greater monetary recovery for pain and suffering victims of personal injury must find and hire expert Personal Injury Legal representation. An experienced Personal Injury attorney will be able to greatly increase the value of your Pain and Suffering claim via presenting to the court expert testimony, evidence, documents, and witnesses that show the magnitude of the suffering you have experienced and a monetary settlement adequate enough to fully compensate for your losses.
If you have any further questions regarding pain and suffering or any other personal injury matter call our offices and speak with one of our California Personal Injury Attorneys. All consultations are free of charge. (855-385-2529)