Pain and suffering is a type of non-economic damage that is not quantifiable in dollars and cents. It refers to the physical and emotional pain that a person experiences as a result of an injury. In California, pain and suffering damages are typically calculated by a jury, who will consider factors such as the severity of the injury, the duration of the pain, and the impact of the injury on the person’s life.
There are no set rules for how pain and suffering damages are calculated, and the amount of damages that a person is awarded can vary widely depending on the specific circumstances of each case. However, there are some general guidelines that can be followed.
For example, the more severe the injury, the greater the amount of pain and suffering damages that a person is likely to be awarded. In addition, the longer the pain and suffering lasts, the greater the amount of damages that a person is likely to be awarded. Finally, the more the injury impacts a person’s life, the greater the amount of damages that a person is likely to be awarded.
If you have been injured in an auto accident, it is important to speak with an experienced personal injury attorney to discuss your legal options. An attorney can help you understand your rights and fight for the compensation you deserve.
What are some factors that a jury considers when calculating pain and suffering damages?
When calculating pain and suffering damages, a jury will consider a number of factors, including:
- The severity of the injury
- The duration of the pain
- The impact of the injury on the person’s life
- The person’s age
- The person’s occupation
- The person’s medical expenses
- The person’s lost wages
- The person’s future earning capacity
- The person’s emotional distress
The jury will also consider the evidence that is presented in the case, such as medical records, testimony from the person who was injured, and testimony from experts.
How can I increase my chances of recovering pain and suffering damages?
If you have been injured in an auto accident, there are a number of things you can do to increase your chances of recovering pain and suffering damages. These include:
- Reporting the accident to the police
- Seeking medical attention
- Collecting evidence of your injuries
- Retaining an experienced personal injury attorney
By following these steps, you can increase your chances of recovering the compensation you deserve for your pain and suffering.
Contact Brett@brettpetersonlaw.com 619-702-8412 Law Office of Brett Peterson 605 C Street, Fl 3, San Diego CA 92101