A component of damages in a car accident case in California is Pain and Suffering.
The at-fault driver’s insurance should cover an injured person some amount for pain and suffering in a Los Angeles Car Accident. The question is will they, and how much?
In the circumstance of a Los Angeles car accident situation – whether it be an Insurance claim or a court-based lawsuit — the injured individual’s “pain and suffering” is should always be taken into account when assessing a claim for settlement purposes or appraising a potential judgment award.
This Report covers the basics of what suffering and pain compensation is as it related to a Los Angeles Car Accident case, also, and if you need to have the ability to negotiate payment for your pain in a car accident settlement or litigation award.
Principles –“Damages” in a Los Angeles Automobile Accident Case
There are two main categories of damages in a car Incident case: Economic (also called “special” damages) and non-economic (also known as “general” damages).
Economic damages include your medical bills, your income, the cost to fix or replace your car, along with other readily calculated losses stemming from the accident and your injuries. Non-economic damages include losses which aren’t so easy to place a dollar amount on, and these comprise the “pain and suffering” sub-category of compensation.
Pain and discomfort usually include all bodily pain and Discomfort associated with the injury (and distress from necessary medical treatment), but it also includes psychological distress, nervousness, worry, frustration, depression, and other negative effects of the crash and injuries.
Should you be compensated for Pain and Suffering in you Los Angeles car accident case?
If you’ve been Hurt in a car accident, when fault “clearly” lies with another motorist, you should receive some compensation for your pain and suffering. In many car crash cases including relatively minor accidents, the insurance adjuster representing the at-fault driver will offer a tiny sum of money to your pain — possibly 0. He or she could also offer the same sum for all of the passengers in your vehicle, especially if you had your family in the vehicle during the crash.
This tells you that the insurance carrier admits that you deserve something for your pain or annoyance. The actual question is how much you should get.
How Much Should You Get Pain and Suffering?
It is not easy to put a dollar amount on your pain and the Effect of a car accident on your ordinary life, but numerous factors often come into play when attempting to calculate pain and distress, such as:
- that the seriousness of your injuries
- the total amount of pain and discomfort that’s typically associated with these injuries
- the effects of your injuries on your work, your quality of life (sports, hobbies, relationships, etc.)
- the character and scope of medical treatment made necessary from the injuries
- how quickly you’re expected to recover from the injuries, and if you will need to take pain medicine because of your injuries and required medical care.
Procedures to Calculate Pain and Suffering Compensation
There’s no law that tells you how much you must be paid for Your pain, however there are ways that insurance adjusters and auto accident lawyers use to acquire a starting figure out from which to negotiate. Two common methods are the “per-diem” method that uses a dollar amount for each and every single time you had to live with pain, and the “multiplier” method, which is based on a multiple of your medical and lost income damages.
Negotiating Together with the Adjuster
The insurance company isn’t likely to only roll-over and toss Cash at you. You’re going to have to make your case and negotiate. This is usually done with an expert Los Angeles Car Accident Lawyer such as the Law Office of Norman Gregory Fernandez. The more severe your injuries, the larger the Possible value of your own pain, and the harder the insurance company will resist your demands. If You endured mild whiplash after having been rear-ended, you may have the ability to use the approaches mentioned previously and negotiate an amount you are satisfied with, however it will difficult if not impossible to get what you are entitled to without a car accident attorney.
If you suffered any Sort of serious, long-term injuries, the Pain and discomfort claim might be worth tens of thousands of dollars or more, and You should probably employ a car accident lawyer to have it, without an attorney you will have no real clue how to get what you are entitled to.
In the end of the day, at trial, the only men and women who can tell you how much you deserve would be the folks from the jury box at the trial, but most individuals don’t wish to devote time and Money to take a case to trial. So, a lawyer becomes invaluable because he will have had the experience necessary to understand exactly what the amount should Be, and also the capacity to get the insurance company to cover it.
Expert Los Angeles Car Accident Lawyer
If you have been injured in a car accident in Los Angeles or anywhere in California, the last thing you should do is try to negotiate the accident settlement on your own. In almost all cases an experienced Los Angeles car accident attorney such as The Law Office of Norman Gregory Fernandez can get you more money than you will get on your own. Call anytime, 7 days a week for a free consultation on your Los Angeles Car Accident or anywhere in California car accident at 800-816-1529, extension 1.
