My Car Quest

June 29, 2022

Is Pain and Suffering Awarded After a “Minor” Car Accident?

Even if the car accident you were involved in is minor, you still may be awarded compensation for the damages you suffered and, also, for the pain and suffering.
Pain and suffering are more difficult to prove than more tangible damages such as medical bills, lost wages, or vehicle damage. Plus, it is easier to claim pain and suffering after a severe car accident. However, even in some minor car accident cases, the victims may be awarded compensation for pain and suffering.

It is best to speak to a personal injury lawyer who can explain all legal aspects and determine whether you are entitled to pain and suffering.

In California, pain and suffering compensation is awarded in personal injury lawsuits, but there are some restrictions, damage caps, and other factors that must be understood beforehand.

Pain and Suffering Definition

Although the term “pain and suffering” is understood by everyone, the definition is more complicated in a legal context.

Pain and suffering damages are split between two types:

● Physical pain and suffering refer to adverse effects from physical injuries from the car accident.
● Emotional pain and suffering refer to negative emotions following the car accident, like anxiety, fear, mental anguish, or emotional distress.

To make a claim, the pain and suffering damages must be the result of a physical injury from the car accident. If your injuries are minor, like a sprained ankle or a slight bruise, you will most likely not be entitled to pain and suffering. Your personal injury lawyer will look into your case and decide if it is worth filing a claim or not.

How Do You Calculate Pain and Suffering?

To determine the amount of pain and suffering in California, lawyers and plaintiffs will occasionally use the multiplier method. They multiply the economic damages by a figure between one and five. If you want to recover the damages for pain and suffering, you will need to prove you suffered this problem and will suffer from it in the future.

However, if your injuries are not serious or you did not suffer physical damage, you may not be awarded pain and suffering.

Some factors used to determine whether you can be awarded pain and suffering for a personal injury settlement include:

● The severity of your physical injuries
● The recklessness or the intent of the other party’s actions
● The amount of your economic damage
● The strength of the evidence

How Do You Prove Your Pain and Suffering?

Gathering all the needed pieces of evidence that support your pain and suffering claim is a tedious task that takes a lot of time. An experienced personal injury lawyer can deal with evidence gathering on your behalf so you can focus on your recovery.

The evidence you will present to support your pain and suffering claim includes medical documents, doctors’ notes, photographs, therapist’s notes, and even personal journals. Personal injury lawyer King recommends gathering more evidence to prove that the car accident caused pain and suffering.

Anyone involved in a minor car accident in Ventura, CA, should know that defendants might get an award for their pain and suffering if they successfully prove the damages suffered.

You have a better chance to obtain the amount you deserve if you hire an experienced attorney who will look into your case and help you with your legal struggles while you focus on your recovery from the accident.

Car Accident and woman

Photo by Gustavo Fring from Pexels.

Comments

  1. I was in an recent accident that totaled out a 2014 Ford Fusion. I was T bound at the intersection of San Tomas expy and Homestead. The driver never slowed down slow down and I waited 5 seconds before I entered the intersection. I wasn’t hurt I walked away without a scratch just like my last accident in my 63GT. The driver was from Africa driving a 2019 Mercedes SUV. My uninsured motorist kicked in as the driver was completely uninsured. I never really thought about any pain or suffering or anxiety, But I guess it’s something to consider in the future.

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