No one likes to think about being in a car accident. The experience is about as much fun as the experience of being stung by a wasp. Both cause substantial bodily injury and emotional trauma. But if you are ever involved in a car accident, you should read this article. This is because you can sue for pain and suffering after having been in a car accident. You should also hire a good personal injury lawyer in Placentia.
How are pain and suffering defined
Personal injury lawyers know that pain and suffering are not quantifiable because they involve emotions. This includes post-traumatic stress disorder (PTSD), general and long-term depression and anxiety, and loss of self-esteem and confidence. It is easy to lose self-esteem and confidence if the injuries result in a permanent disability. You can indeed seek damages for pain and suffering under California’s personal injury law. The losses you experience because of your accident will be lumped under the umbrella term of ‘pain and suffering.’
How to determine the economic value of pain and suffering
Since pain and suffering are emotional feelings, their value is hard to quantify. That said, you should never overestimate the true economic value of your pain and suffering. Your personal injury lawyer can use the following when determining the economic value of your pain and suffering:
● Testimony and records from medical experts like doctors
● Your general physician who can document the level and extent of emotional pain you claimed to suffer from while healing
● Mental health professionals who will document and evaluate your emotional pain. They will help you heal faster, and their documentation can be used as valuable evidence in court.
● Any personal documentation you made regarding the level and extent of your pain and suffering
● Testimony from eyewitnesses (friends and relatives) who observed mood changes or an increase in depression
● The type and amount of medicines you take to manage your pain
● Videos that document your life on a daily basis.
California has a cap on pain and damages
Your personal injury lawyer will inform you that California has a cap on the number of damages you can claim for pain and suffering. Please note that you will not receive any settlement amount if you were not properly insured at the time of the accident. Your pain and suffering may be harder to prove if they were minor since pain and suffering resulting from minor injuries are hard to observe and document.
You can win a personal injury case for pain and suffering so you no longer have to worry about being stuck with long-term PTSD after your car accident. You can win a substantial settlement for pain and suffering provided you hire a good personal injury lawyer,who will help you craft an iron-clad case.