How do pain and suffering settlements work?
The aftereffects of any injury can continue way beyond the immediate physical damage to your body and subsequent treatment, having a negative impact on the quality of your life and ability to work.
Over the years “pain and suffering” has become a popularized term used in TV and movie courtroom dramas. Pain and suffering is actually a legal term used in conjunction with personal injury cases to describe the combination of physical pain and emotional anguish that can follow a personal injury.
California has specific laws pertaining to pain and suffering claims; it is one of the states that provides damages for pain and suffering in a personal injury lawsuit. There are two categories of damages that can be awarded in this type of lawsuit in California:
- Economic damages: damages calculated on actual costs
- Non-economic damages: those without specific costs attached to them
Pain and suffering claims fall under the category of non-economic claims.
In the state of California, the types of accidents that are more likely to involve damages for pain and suffering include:
- Vehicular accidents
- Defective products
- Wrongful death
- Premise liability
- Medical malpractice cases
California does not permit pain and suffering damages in workers’ compensation claims. And, in medical malpractice cases, the state has put a cap of $250,000 on any non-economic damages, including pain and suffering.
Pain and suffering can be difficult to prove
While California doesn’t have a set formula for calculating damages in cases involving pain and suffering claims, the burden of proof falls on the victim or plaintiff to prove that he or she has suffered harm and will continue to suffer in the future as a result.
There are several factors that are taken into consideration when determining if a personal injury settlement or jury award can include damages for pain and suffering, including:
- The strength of the evidence presented
- The severity of your injuries
- The amount of pain, inconvenience, and other discomforts resulting from your injuries
- The impact of the injuries on your life, including relationships, social status, etc.
- The impact of the injuries on your ability to work and your income potential
- Your age
- The necessity of ongoing therapy and/or psychological care
- The necessity of future care, including medications, future operations, rehab, etc.
There’s a higher probability of non-economic damages being awarded if, in addition to a physical injury, there is:
- Permanent disfigurement or loss of function
- High medical costs
- An injury, such as a head injury or neck injury, that can be diagnosed with x-rays, scans, lab tests, etc.
- A prolonged recovery time or one that is anticipated to take a long time.
Settlement amounts for pain and suffering claims
There are several methods that can be used to determine how much a pain and suffering claim is worth. In order to maximize the amount of compensation, you and your lawyer will need to provide documentation, such as medical records and proof of lost earning capacity as well as relevant evidence such photographs, witness statements, and expert testimony to support your claim.
Consult an experienced personal injury attorney, such as Scott S. Harris, San Diego attorney for pain and suffering claims, to help you get the highest possible settlement or jury award. Call our office to schedule a free consultation.