Is Pain and Suffering a personal injury?

Frequently Asked Questions

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:

  • Pain
  • Suffering
  • Shock
  • Anxiety
  • Emotional distress
  • Scarring
  • Grief
  • Loss of a limb or organ
  • Loss of enjoyment of life
  • Humiliation

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.

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