A Guide to Bringing a Lawsuit for Pain and Suffering

Injury treatment can cost tens of thousands or even hundreds of thousands of dollars, and it could hinder your ability to earn money through work. The costs of an injury, though, can go beyond money.

Injury victims and their families may experience severe emotional distress as a result of their injuries. The state of California’s lawmakers allow personal injury claimants to seek compensation for the quality of life repercussions of their injuries because the psychological effects of injuries can be so severe.

Suppose someone else’s carelessness or negligence caused an accident that injured you. In that case, you could then make a claim for compensation to pay both the costs of your injury and its actual but immeasurable effects.

How much compensation you should seek can be decided by and pursued on your behalf by an expert personal injury attorney. Read on to discover more about how the law can assist you in obtaining the compensation you are due.

Elements That Make Up Suffering and Pain

The Legal Information Institute at Cornell Law School defines pain and suffering as the physical discomfort and emotional misery that people frequently experience as a result of an accident.

These psychological effects, which are mostly the early, excruciating pain of the injury or its treatment, may only endure momentarily.

However, other injuries, such as those to the brain or spinal cord, can leave victims with lifelong anguish and suffering as they learn to live with drastically altered capacity for earning a living and maintaining independence.

Through the personal injury claims process, injured people can be compensated for a variety of pain and suffering in the form of non-economic damages. These damages are not out-of-pocket costs and are not solely based on the price of the goods and services required to treat the condition.

Instead, you apply a formula to determine how much non-economic damage you can receive for the effects of your injuries.

Types of Accidents That Cause Pain and Suffering

Pain and suffering can be brought on by almost any kind of accident that leaves victims hurt, including the following:

• Accidents Involving Vehicles

  Cars, large trucks, buses, taxis, ride-sharing services, railroads, bicycles, scooters, pedestrians, airplanes, and boats are included in this list.

• Medical Malpractice

  Medical malpractice is defined as carelessness committed by a healthcare professional, such as a doctor, nurse, dentist, pharmacist, or chiropractor, in a medical context.

• Premises Liability Accidents

  These are accidents where someone was hurt because of a dangerous property feature on a private, public, or commercial property that the owner knew or should have known about but failed to correct or warn against.

  The most frequent type of premises liability suit is a slip and fall incident. However, it also includes dog attacks, elevator accidents, pool mishaps, and inadequate security.

• Product Liability Accidents

  These involve accidents brought on by faulty products like drugs, food, toys, clothing, or appliances.

• Nursing Home Neglect or Abuse

  Nursing home residents, often elderly and vulnerable, may suffer due to neglect from undertrained or understaffed facilities.

• Wrongful Death

  California law allows families to seek compensation when negligence or wrongdoing leads to death, including for loss of love, companionship, and financial support.

  California’s personal injury claims process also enables victims of intentional harm, like sexual assault or abuse, to pursue pain and suffering damages.

Different Forms of Damages for Pain and Suffering You Can Sue

Many detrimental effects of injuries are included in pain and suffering damages, such as:

1. Distress and Suffering

   This includes physical pain, unpleasant medical procedures, and complications like brain or spinal injuries that can cause lifelong suffering.

2. Emotional Anxiety

   Psychological trauma resulting in fear, anxiety, depression, and insomnia is a recognized form of non-economic damage.

3. Loss Of Consortium

   This refers to the loss of companionship or intimacy suffered by a spouse or domestic partner after a serious injury.

4. Loss of Life’s Enjoyment

   Victims can claim for lost ability to enjoy activities or hobbies, such as hiking, which previously enriched their lives.

Damages for Wrongful Death, Pain, and Suffering

Families can seek damages for loss of love, care, guidance, and emotional support following a wrongful death.

Showing Evidence of Pain and Suffering

Evidence includes medical records, therapy notes, witness testimony, before-and-after activity videos, photos of injuries, and proof of lost work time.

Conclusion

You can sue for pain and suffering even without a physical injury if emotional distress is provable through expert testimony.

If you’re seeking a trusted personal injury lawyer in Los Angeles, Mendez & Sanchez Law is here to help.

Our team will guide you through the legal process and fight for the compensation you deserve. Contact us today for your personal injury, auto accident, or workers’ compensation needs.