Payment for Damages and Suffering

In personal injury law, the payment provided for pain and suffering is often referred to as “non-economic damages.” Unlike economic damages, which include measurable expenses like medical bills and lost wages, non-economic damages compensate victims for intangible losses. These include physical pain, emotional distress, mental anguish, and the overall reduction in quality of life experienced after an accident.

In California, non-economic damages are awarded to recognize the impact that injuries have had on your day-to-day life and emotional well-being. The amount awarded for pain and suffering varies based on factors such as the severity of your injuries, the impact on your quality of life, and the evidence supporting your claim.

How to Define Pain and Suffering?

Pain and suffering in personal injury cases refers to the physical pain and emotional distress an injured person experiences as a result of an accident. It is a broad term that encompasses a range of negative experiences, including:

  • Physical Pain: The discomfort and ongoing pain caused by injuries such as broken bones, back pain, or whiplash.
  • Emotional Distress: Psychological suffering such as anxiety, depression, PTSD, or insomnia that results from the accident or injury.
  • Loss of Enjoyment of Life: The inability to participate in activities you once enjoyed due to your injuries.
  • Scarring and Disfigurement: Permanent physical changes that affect your appearance and may also impact your mental well-being.

Pain and suffering is difficult to quantify because it doesn’t come with a set financial value like medical bills do. However, it is a critical component of personal injury claims, as it helps compensate victims for the emotional and psychological effects of their injuries.

Can You Sue for Pain and Suffering from a Car Accident in California?

Yes, you can sue for pain and suffering following a car accident in California. The state allows accident victims to seek compensation for both economic and non-economic damages, which means you can pursue a claim for your physical and emotional suffering alongside your medical bills and other tangible expenses.

However, there are certain factors to consider:

  1. Insurance Requirements: California is a fault-based state, which means the at-fault party is responsible for compensating the victim for damages, including pain and suffering. If you are filing a claim against the at-fault driver’s insurance, you may be able to negotiate for compensation for pain and suffering as part of the settlement.

  2. Proposition 213: If you were driving without car insurance at the time of the accident, even if the accident was not your fault, California’s Proposition 213 limits your ability to recover non-economic damages, including pain and suffering. This means you would not be able to sue for pain and suffering, although you could still recover economic damages like medical expenses.

  3. Severity of Injuries: The amount of compensation awarded for pain and suffering will depend on the severity of your injuries and their impact on your life. More severe injuries that lead to long-term disability or permanent disfigurement are likely to result in higher pain and suffering awards.

  4. Comparative Negligence: California follows a pure comparative negligence rule, which means that if you were partially at fault for the accident, your compensation for pain and suffering may be reduced based on your degree of fault. For example, if you are found 20% at fault for the accident, your pain and suffering compensation would be reduced by 20%.

To successfully recover compensation for pain and suffering, it’s important to document your injuries and seek medical treatment immediately after the accident. A personal injury attorney can help you build a strong case, negotiate with insurance companies, and ensure you receive fair compensation for all of your damages, including pain and suffering.

What is the Lawyer Term for Pain and Suffering?

In legal terms, pain and suffering is part of what is commonly known as “general damages” or “non-economic damages.” General damages are designed to compensate individuals for losses that cannot be easily calculated or assigned a specific dollar value.

Attorneys often use the term “general damages” when referring to the compensation sought for pain, suffering, and emotional distress. These damages are contrasted with special damages (economic damages), which include quantifiable costs like medical expenses and lost wages. General damages are subjective and typically require persuasive evidence, such as medical records, testimony from healthcare providers, and personal accounts of how the injury has affected your life.