After a car accident, it is generally fairly easy to determine your economic damages. This includes the cost of medical bills, lost wages, and other monetary costs. However, when it comes to estimating the monetary value of noneconomic damages, it can be much harder. For example, how do you know what appropriate compensation is for pain and suffering after an Uber accident? Read on to get the facts and then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
Pain and Suffering Are Not the Only Noneconomic Damages You May Be Eligible For
Pain and suffering are often the damages people think of when they hear about noneconomic damages but they are far from the only examples. Scarring, shock, humiliation, anxiety, loss of a limb, insomnia, grief, emotional distress, loss of enjoyment of life, and inability to enjoy activities you could enjoy in the past are all additional types of noneconomic damages you may be eligible for.
There Are Generally No Caps on Pain and Suffering
One of the questions we often get is whether or not there is a cap on pain and suffering. In most cases, there are not. However, there are exceptions. For example, there is a $250,000 maximum for medical malpractice damages. This does not apply if a healthcare provider recklessly and/or intentionally injured or abused a patient, and there is no cap for compensatory damages like medical bills – the cap is only on noneconomic damages like pain and suffering.
Your personal injury attorney will be able to help you determine if your case is subject to a cap and what that cap may be.
There Are Caps for Specific Situations
Additionally, there are certain caps that apply to some situations. If a driver was drunk at the time of the accident, they could not recover noneconomic damages no matter who was at fault and their insurer does not have to indemnify them. Uninsured drivers cannot recover noneconomic damages in any situation. If a person is injured while committing a felony or fleeing from one, they cannot recover damages.
There is No Specific Standard to Calculate Pain and Suffering
If your case is settled then your attorney and the attorney for the insurer will agree on a specific amount for pain and suffering. If the case is litigated then the plaintiff must prove that they have suffered and the jury will use their judgment to determine a reasonable amount.
Talk to an Attorney Today for Help with Pain and Suffering Cases
If you were injured in an accident and have experienced pain and suffering then you may be eligible for compensation. Contact Law Offices of Fernando D. Vargas at 909-982-0707 now to request a free legal consultation from an experienced attorney.
