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Damages: Pain and Suffering

Car accidents, motorcycle collisions, pedestrian accidents, bicycle accidents, and slip and falls result in a wide range of injuries, including physical, emotional, and mental injuries. After an accident or a fall, injured victims have questions about which items of damages may be compensated. There are two forms of damages, economic and noneconomic damages. Economic damages include past and future medical expenses, lost wages, loss of earning capacity, and property damage. Noneconomic damages consist of pain and suffering, loss of enjoyment of life, anxiety, disfigurement, grief, and emotional distress. The experienced attorneys at Slatter Law Firm will aggressively fight to recover the maximum compensation for your injuries.
Accidents and falls can result in significant physical injuries. These injuries not only force victims to miss work, but can also cause pain that dramatically changes their life. As a result, this pain can result in emotional and mental injuries along with trauma from the incident. If the injury causes any disability, the victim can suffer from lower self-esteem, and less enjoyment of life. These injuries fall under the category of pain and suffering, which is compensated for based on another person or business’ negligence.

Injured victims naturally have questions regarding the value of their pain and suffering and which evidence proves these damages. These damages are not quantifiable. As a result, there is no standard for determining their value. Generally, the value of these damages is based on the nature and severity of your injury, including the type and length of medical treatment, recovery time, and any disability or loss of function. There is no limit on the amount of damages for pain and suffering that you can recover for accidents or slip and falls.

Injured victims must however prove their pain and suffering to insurance companies and the jury. Your personal injury attorney must prove that it is more likely than not that you experienced pain and suffering from the accident or fall. Juries determine the amount of pain and suffering damages based on the evidence and their common sense. On the other hand, insurance companies will often value these damages based on jury awards for cases with similar injuries under similar circumstances.
Many victims have questions regarding whether they should seek mental health treatment following their accident or fall. This treatment is recommended if you are experiencing any symptoms of anxiety, depression, insomnia, or PTSD.
There are many ways to show pain and suffering from an accident or fall. Below is common evidence of these damages.
  1. Testimony from treating providers regarding injuries and associated pain
  2. Testimony from medical experts
  3. Testimony from Plaintiff
  4. Testimony from family and friends regarding change in plaintiff’s mental state, activities, and demeanor
  5. Medical records
  6. Photographs of property damage
  7. Photographs of injury
  8. Videos showing Plaintiff’s life before and after the incident
  9. Diaries and journals regarding pain and mental state
  10. Social media posts
  11. Pain medication

Because these damages are not readily quantifiable, there are obstacles to recovering compensation for your pain and suffering. This is another reason you should hire an experienced personal injury attorney, who will aggressively negotiate with insurance companies and obtain all evidence of your injuries and damages. Finally, you must file your lawsuit within two years of the date of your accident or fall. If you fail to do so, the Court will not permit you to recover compensation for your injuries and damages. You should therefore retain an experienced personal injury attorney after the incident.

Contact Us Today

Contact a Los Angeles personal injury attorney today if you or a loved one was involved in an accident involving a dangerous road condition. Slatter Law Firm has been helping individuals injured due to car accidents and slip and falls throughout Los Angeles and Southern California for over four decades. To schedule a free consultation, call our office at (310) 405-0964 or contact us online.