Am I entitled to pain and suffering compensation after a car accident that was not my fault?
In California, people who suffer injuries in car accidents are entitled to receive compensation for “pain and suffering”. Pain and suffering, otherwise referred to as non-economic damages are intended to compensate victims of injuries for the suffering related to physical and/or emotional injuries caused by an accident.
Non-economic damages compensate a victim for the pain, suffering, aggravation, and inconvenience caused by the physical and emotional injuries they suffered. In other words, the overall suffering and disruption of the victim’s quality of life, both past and future, is taken into account to calculate compensation for pain and suffering.
California law does not require a physical injury in order for a victim to recover damages for pain and suffering. However, in order to obtain maximum compensation for an emotional injury, you need to establish the cause and effect of the mental injury, which is typically done by receiving therapy or counseling from an appropriate medical professional.
There is no fixed dollar amount to calculate pain and suffering. These damages are largely based on the skill and experience of your attorney to present an argument that convincingly sets forth a depiction of the overall devastation suffered by the victim as a result of the physical and/or mental injuries caused by the accident. Pain and suffering is the largest component of a personal injury settlement. The ability of your lawyer to effectively and convincingly present your case makes all the difference in the world when it comes to getting the maximum compensation for pain and suffering. Make sure you have a skilled and highly experienced California personal injury attorney fighting for your rights.