How is Pain and Suffering Calculated?

Is it is possible to calculate how much your damages from an auto accident are worth? For those who have been injured in an accident caused by a negligent driver, they may be wondering what, if anything, their injuries are worth. Read on to learn more. Establishing Fault
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How is Pain and Suffering Calculated?

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Is it is possible to calculate how much your damages from an auto accident are worth? For those who have been injured in an accident caused by a negligent driver, they may be wondering what, if anything, their injuries are worth. Read on to learn more.

Establishing Fault

First, your accident attorney must establish that the other driver was at fault and caused your injuries. Without a negligent party, whether it be a person or an entity, it is quite challenging to recover financial compensation.

After determining that the defendant is at-fault and caused your injuries, you will need to show your financial losses. The money you recover for these losses is known as damages.

Types of Damages

In California, when a person is injured as a result of someone else’s negligence, the injured party can seek both economic and non-economic damages. Economic damage quantification is the measurement of these damages which often result from a harmful act.

Economic damages include:

  • medical bills,
  • lost wages,
  • loss of future earning capacity
  • damage to property

What is more challenging to prove, and therefore be compensated for, are “non-economic” damages. Non-economic losses are subjective in value and reflect damage done to the victim's quality of life.

Non-economic damages include:

  • pain and suffering,
  • emotional distress,
  • loss of enjoyment of life, and
  • loss of consortium

What are damages for pain and suffering?

Pain and suffering refers to the physical pain and the emotional suffering you have experienced because of the accident and includes what you may endure down the road. For example, if you suffered a neck injury, compensation will be determined based on the severity of your injury, the length of your recovery, and how your injuries do and will impact your life on an everyday basis.

When does an insurance company compensate for pain and suffering?

Generally speaking, insurance companies like to pay out as little as they can on claims, including those for pain and suffering. But if you or a loved one were injured by another's negligence and are suffering physically and or emotionally as a result, you deserve non-economic damages. The insurance company won't tell you this however -- one more reason why you want an experienced accident attorney on your side.

What next?

If you have been injured in an auto accident in Los Angeles that was not your fault, know that California law is on your side. Contact the skilled accident attorneys at Ghozland Law Firm today for a free, no obligation consultation and to discuss your potential financial recovery, including those for pain and suffering.

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Our employment & personal injury attorneys recognize that the individuals we work with are typically going through overwhelming and stressful times in their lives. When an individual hires us, we strive to provide the client with the strong legal representation and effective counsel they need to receive fair and just compensation. Our experienced attorneys are dedicated to helping our clients in their time of need. Our employment & personal injury team is comprised of well-respected lawyers who have been involved in several multi-million dollar settlements, earning us membership in the Million Dollar Advocates Forum®. This further demonstrates our ability to take on complex accident cases.

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Very professional, Michael and Nathan helped me out when I was in a major accident, I needed physical therapy. No more than six months later I was in another accident that aggravated my prior injuries. Non the less the driver was uninsured. I turned to the Ghozland firm...

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With over 40 years of experience, we have handled many slip and fall cases. I can provide you with the caliber of legal services that is normally available only to large companies, due to my experience in large-scale litigation that has resulted in awards of millions of dollars on many occasions. In 2014, Michael Ghozland was named “Street Fighter of the Year” by Consumer Attorneys of California in 2014. Because of my outstanding trial record, winning your case will probably mean obtaining a private settlement, with no need to ever step into a courtroom. Insurance companies know my reputation, and most of them would rather settle than face me in a slip and fall lawsuit.