How is Pain and Suffering Calculated in San Diego, California?
If you get into a car accident, you may suffer some pretty serious injuries. Depending on the type of accident you’re in, you may need surgery or physical therapy. If this is the case, you may be entitled to pain and suffering. A San Diego car accident attorney can help get you compensation.
Pain and suffering are allowed in California. Some states don’t allow for pain and suffering or they cap how much you can demand. Thankfully, this isn’t the case in California. Your attorney will present your claim for pain and suffering as part of your lawsuit.
Because pain and suffering are subjective, it really comes down to what a jury would think. Although most cases never make it to trial, your attorney will still have an idea of how much you’d get. This is the amount they’ll use when trying to negotiate a settlement with the insurance company.
If you’re seriously injured in a car accident, contact a San Diego car accident attorney. Your attorney will fight to get you the compensation you deserve.
Your San Diego Car Accident Attorney Knows How to Calculate Pain and Suffering
When it comes to money damages, it’s not hard to calculate them. Some of the different types of economic damages include:
- Medical bills
- Lost wages
- Property damage
- Permanent disability
However, when it comes to pain and suffering, it’s no so clear cut.
The following factors are used to help determine your pain and suffering:
- Does the person act like a person in pain would act?
- Did the victim have any pre-existing injuries or conditions?
- Can the victim do normal, everyday activities?
- What did the person do for a living?
- What did the individual earn prior to the accident?
- How old is the victim? How many more years would they work?
- Does the claimant have a family and children?
Your San Diego criminal lawyer will use this information to come up with an amount. He’ll include this in your demand to the insurance company. Although they will rarely agree to pay this amount, it provides a starting point for negotiations.
What Exactly Are Pain and Suffering?
Economic damages like the types described above are intended to make you whole. They reimburse you for the financial losses you’ve suffered as a result of your car accident. Pain and suffering are different.
Pain and suffering are meant to compensate you for things that are intangible. They’re non-economic in nature. Pain and suffering include the following things:
- Lost wages
- Medical bills
- Property damage
- Emotional distress
- Loss of social interaction
- Fear of driving
- Inability to sleep
- Loss of family relationships
Your lawyer will present different types of evidence to prove your damages.
Your San Diego Car Accident Attorney Will Present the Following Types of Evidence
When it comes to pain and suffering, your lawyer will have to submit convincing evidence. He won’t be able to rely on medical records or receipts. He’ll have to prove that you’re experiencing a lot of pain and emotional distress some other way.
Your attorney will gather the evidence to prove your pain and suffering. He can get documentation to prove the extent of your injuries. He can talk to friends and family members to see just how your life has changed, and meet with doctors in case they need to present expert testimony. Your San Diego car accident attorney is experienced in this kind of thing, you are not.
The insurance company will try to prove that you aren’t experiencing pain and suffering. If for some reason your case goes to trial, expect the following from the defendant’s attorney:
- Videos of you playing sports, entertaining, and enjoying social activities
- Evidence that you were depressed prior to the accident
- Statements from people you know indicating that you’re not in pain
Any of these things can be used to prove that you aren’t entitled to pain and suffering. Your San Diego car accident attorney will fight to overcome these challenges.
Contact a San Diego Car Accident Attorney Today
If you’ve been hurt in a car accident, call a San Diego car accident attorney today. Your lawyer will review your case and let you know how much it may be worth. He’ll file the claims against the necessary insurance policies. And, if need be, he’ll file a lawsuit on your behalf.
Call and schedule your initial consultation today. You can meet with an experienced San Diego car accident attorney and see how strong your case is. The consultation is free and you pay nothing until you settle your case. The insurance companies will have attorneys working for them. It’s a good idea that you do the same!