Is Pain and Suffering a personal injury?
Yes. Pain and suffering is a type of non-economic damage that you can recover in a California personal injury case. Non-economic damages include different types of subjective losses that can be hard to quantify. In a personal injury case, non-economic damages may include:
- Emotional distress
- Loss of a limb or organ
- Loss of enjoyment of life
Under California law, a physical injury is not necessary to recover damages for a non-economic injury such as pain and suffering. However, an award or settlement for pain and suffering is more likely when a person suffers a physical injury as well.