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
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.
