FinanceLaw & Legal

Expect From A Pain And Suffering Claim!

When you get into a car accident

Some obvious expenses include medical costs and property damage. However, one damage that inexperienced people seem to overlook is pain and suffering. Pain and suffering refer to the emotional distress and mental anguish the victim endures as a result of the accident. 

With the help of an experienced Stockton car accident attorney, you can file a pain and suffering claim and recover compensation. However, the amount you will get depends on the unique facts of your case. While no one can pinpoint an exact amount like medical bills, your attorney may be able to give you a rough estimate. 

How is “pain and suffering” defined?

Pain and suffering” damages are intangible damages; that is, they cannot be observed from the outside. It basically refers to the physical, emotional, and mental pain the victim goes through during and after the accident. A doctor may be able to recognize the symptoms, but the extent of pain may still remain questionable. 

Every person is different. One person may sit in the ER for days for a particular type of injury, while the other may only require over-the-counter medicines for the same condition. This is because everyone has different capacities to handle pain. Therefore, attorneys usually hire expert witnesses to observe the victim and determine the extent of the pain. 

Which formulas are used for calculating “pain and suffering” damages?

The Stockton, California law uses two methods to calculate pain and suffering damages.

  • The multiplier method.

This method involves adding up the victim’s total damages and then multiplying it with a number between 1 to 5. The severity of the injuries determines the multiplier number. The result that comes out after multiplication is the amount. 

  • The per diem method.

This method involves establishing an “everyday” amount for the victim’s pain and suffering and then multiplying it with the number of days the victim has been in recovery. For example, suppose the per day pain amount is $100, and the victim stayed in recovery for 60 days, then the pain and suffering damages would be worth $6000. 

Will the other party’s insurance company pay for pain and suffering?

If the other party has caused the accident because of their negligence and you are able to prove their fault, their insurance is supposed to cover all your damages, including pain and suffering. If they do not have insurance, you may have to turn to your auto insurance. This is known as Uninsured Motorist Coverage (UIM).

The aftermath of a car accident can be life-changing. If you have severe injuries, it could be months or years before you can get back to your normal life. Contact an attorney to get justice. 


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