A terrible accident could have serious implications for a person’s life. Apart from the huge financial losses, lost work time, and a possible loss in the ability to earn an income, the victims may go through severe pain. The injuries they suffer might take years to heal completely. As per California law, there are provisions to reclaim the lost time and money. Simply put, you are eligible to seek compensation for the pain and suffering that you had to endure. Below are some of the key information regarding pain and suffering losses that the best personal injury lawyer would tell you.
When Can you File a Lawsuit for Pain and Suffering in California?
When a person suffers injuries in an accident, they are eligible to claim compensation for the numerous financial losses they suffer. The guilty party involved in the incident is responsible for paying this. Economic losses include the several expenses incurred because of the accident. Lost earnings, financial losses, and hospital bills are usually included under this category. However, there is another type of loss – pain and suffering. This one is included in the non-economic damages category along with the loss of companionship, disfigurement, and disability. It tries to provide compensation to the person for the psychological and physical harm they experience.
In general, a victim of any type of personal injury may file a lawsuit for pain and suffering. However, there is an exception for workplace incidents. Under this, accident victims are not eligible to sue their employers because they are already covered in the workers’ compensation.
Calculation of Pain and Suffering Compensation
It is true that the financial losses and the medical bills could have a huge toll on the person involved in an accident. However, the worst part is the pain and suffering that they endure. While economic losses can be calculated in a clear manner, it is nearly impossible to assign values to the pain and suffering that one experiences.
Usually, the appearance of a person is considered while calculating the value of compensation. Besides, the court checks if the injury caused is about to last for several years, or if it is located in one of the key functional areas of the body. The appearance of a person is also considered while calculating the value. Apart from these, the psychological issues such as anxiety, PTSD, and depression are also considered while assigning a value.