Did you know that about 31 million people are injured yearly across the United States because of car accidents? In California, nearly 200,000 automobile accidents result in injury annually, and more than 3,000 of these accidents result in death. Even if the injury or injuries received are not permanent, the victim can still deal with trauma, and it can be a difficult time to recover.
What is Pain and Suffering?
"Pain and suffering" is a legal term, and legal dictionaries describe it this way:
"The physical pain and mental anguish following an accident are described as "general damage" recoverable by someone injured by another's negligence or intentional attack. Some of these could include internal fractures and broken bones. Also relevant are "the aches, pain, temporary and permanent limitations on activity, potential shortening of life, depression and embarrassment from scarring."
Compensation for pain and suffering is unique in each case. The dollar value of damages will be calculated through the victim's medical bills, future medical costs and lost wages. These are known as "special damages."
Who is at Fault?
If you've been injured in an auto accident in California that was limited or no fault of your own, it's important to remember that you have a right to fair compensation. That's when you should pursue the expert advice of an experienced personal injury lawyer to navigate you through insurance issues, medical expenses and more.
Don't handle a claim by yourself as it can get quite complicated. Let an attorney answer your questions and evaluate your case. California personal injury victims have up to two years from the accident date to file a claim seeking economic and non-economic damages. This would also include pain and suffering claims.
An insurance company is not required to inform you of every benefit available to victims. Only a skilled personal injury lawyer, who is a trained negotiator, can sift through the evidence on your behalf and increase the odds of getting you the money you deserve.
Calculating Pain and Suffering
To calculate the pain and suffering after a California car accident, two primary methods are commonly used to estimate a fair compensation. They are the Multiplier Method and the Per Diem method.
Multiplier Method:
- A court calculates pain and suffering damages by multiplying economic damages by a number between 1 and 5
For example, if economic damages amount to $100,000, and a multiplier of 3 is chosen based on injury severity, pain and suffering damages would be estimated at $300,000.
Per Diem Method:
- Multiply the daily value of your pain and suffering by the number of days that you suffered
For example, if the daily rate is $300 and the injured party experienced pain for 180 days, the pain and suffering damages would be calculated at $54,000.
Being in a car accident in California can be a terrifying incident, especially when pain and suffering are involved. The victim has rights, yet the legal landscape in the Golden State can be complex. That's why contacting a skilled car accident attorney is essential and to your advantage. It's a free consultation. You have nothing to lose and everything to gain.
