What type of damages are awarded for pain and suffering?
Pain and suffering is a type of non-economic damage that may be awarded in a California personal injury case. Non-economic damages include subjective losses that are hard to attach a dollar amount to, such as emotional distress.
You do not need to have suffered a physical injury in order to recover pain and suffering damages in California. However, the chances of obtaining a pain and suffering award are higher when you have suffered a physical injury, particularly where the injury was severe.
The amount of pain and suffering damages that you may entitled to will depend on a number of factors. This includes:
- The seriousness of your injuries;
- Whether your injuries resulted in long-term loss of function or permanent disfigurement;
- If recovery was difficult or lengthy;
- The level of your economic loss;
- The amount of your medical bills are
- The strength of the evidence in your case, such as proof of your injuries through objective medical tests;
- The skill and experience of your California personal injury attorney; and
- The willingness of the insurance company to fight the claim.
Because pain and suffering damages can be difficult to obtain, it is important to retain an experienced lawyer who can present a strong case for damages.