What Are Pain And Suffering Damages After A California Car Accident?
The statistics are staggering when you consider that approximately 200,000 automobile accidents resulting in injury are recorded every year. Sadly, more than 3,000 people die in these accidents annually.
Author:Stefano MclaughlinReviewer:Karan EmeryNov 13, 20244K Shares69.1K Views
The California State Highway Systemcomes out with its report on the number of car accidents that occur annually in the Golden State. The statistics are staggering when you consider that approximately 200,000 automobile accidents resulting in injury are recorded every year. Sadly, more than 3,000 people die in these accidents annually.
No one wants to get hurt and become a statistic, but research shows that the average person is likely to experience three to four car accidents during their lifetime.
So, what about your pain and suffering following a car accident in California, and what exactly do these terms entail?
What Is Pain And Suffering?
According to the legal definition, pain and sufferingare the physical and mental distress one can suffer from an injury. This can include broken bones, aches and pain, internal injuries, scarring, emotional anguish like depression, a decrease in one's quality of life, etc.
Filing a personal injury lawsuit is your right when you've been injured by another's negligence or intentional attack. An accident victim can be awarded two types of damages in monetary recovery in the Golden State. Pain and suffering fall under "General Damages."
Medical bills, lost wages and future medical bills come under the umbrella of "Special Damages."
Working With An Attorney
California has no limit on how much claimants may get for pain and suffering. However, trying to prove your level of pain and suffering following a car accident in California can be challenging to the layperson going it alone. A highly skilled personal injury lawyer can help a victim pursue these legal avenues properly and successfully to determine how much their client can claim.
Your attorney can help you build a compelling case via your own statements and the medical records you've maintained that can show evidence of the seriousness of your physical injury and the experience you underwent.
Keeping organized testimonial accounts from your physicians, therapists, friends and family can help support your case. Even writing a daily diary that expresses how you're coping and the symptoms you're enduring such as sleepless nights, feelings of hopelessness, etc. can all contribute to your personal injury lawsuit.
It's up to the judge or a jury to determine what monetary award you can actually receive as the plaintiff. Personal injury lawyers generally use one of two methods in calculating an amount for pain and suffering to present in court.
The Multiplier Method
Most lawyers, judges and insurance adjusters use this method which adds up all special damages and multiplies the result by a number between one and a half to five. The number used is the multiplier. The result indicates the degree of seriousness of your pain and suffering, including any other general damages you suffered.
The Per Diem Method
Under this calculation a dollar amount is assigned for each day it takes you to recover from your pain and suffering. The daily rate is usually your average daily earnings before your accident. For example, if you earned $200 daily before getting injured, and it takes you 14 days to recover, your pain and suffering compensation would be $200 x 14, or $2,800.
California does not have a specific damage cap for pain and suffering from car accidents. However, the cap only applies to claims due to medical malpractice with a $250,000 maximum limit for pain and suffering.
If you or a loved one has been injured following a car accident, it's important to reach out to an experienced personal injury attorney. This legal expert can help you recover all the compensation to which you're entitled.
Stefano Mclaughlin
Author
Stefano Mclaughlin is a Psychologist focused on mental health, emotional well-being, and healthcare policy. He studied Psychology and Public Health at the University of Massachusetts Amherst, gaining a deep understanding of the intersection between mental health and public policy.
Stefano's mission is clear: he aims to destigmatize mental health discussions, improve access to mental healthcare, and promote emotional well-being for all. Drawing from personal experiences with anxiety and depression, Stefano shares real stories to make mental health topics more relatable and less intimidating.
In addition to his advocacy work, Stefano enjoys delving into books, experimenting in the kitchen, and embarking on new adventures. These hobbies fuel his creativity and inspire fresh perspectives for his advocacy work.
Karan Emery
Reviewer
Karan Emery, an accomplished researcher and leader in health sciences, biotechnology, and pharmaceuticals, brings over two decades of experience to the table. Holding a Ph.D. in Pharmaceutical Sciences from Stanford University, Karan's credentials underscore her authority in the field.
With a track record of groundbreaking research and numerous peer-reviewed publications in prestigious journals, Karan's expertise is widely recognized in the scientific community.
Her writing style is characterized by its clarity and meticulous attention to detail, making complex scientific concepts accessible to a broad audience. Apart from her professional endeavors, Karan enjoys cooking, learning about different cultures and languages, watching documentaries, and visiting historical landmarks.
Committed to advancing knowledge and improving health outcomes, Karan Emery continues to make significant contributions to the fields of health, biotechnology, and pharmaceuticals.
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