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How Can I Prove My Pain and Suffering in a Personal Injury Case?

 Posted on January 07, 2025 in Personal Injury

Los Angeles, CA Catastrophic Injury LawyerAny victim of an accident that left them injured has seen first-hand how such an incident can impact their life in several ways. Many of the losses, such as medical bills, property damage, and lost wages, are fairly straightforward to calculate. However, some losses following serious accidents are less calculable.

One specific category of harder-to-calculate damages from an accident is called "pain and suffering." While it may seem more subjective than the examples listed above of calculable damages, pain and suffering can be debilitating and can significantly impact a person’s life. If you were the victim of a serious accident, speak with a qualified Glendale, CA personal injury lawyer about whether you are eligible for compensation for your pain and suffering and how it might be calculated.

What Exactly Is Pain and Suffering?

Pain and suffering is physical discomfort, emotional distress, and mental and physical trauma resulting from an injury sustained in an accident. In the context of a personal injury case, "pain and suffering" is non-economic damages that the person responsible for an accident might need to pay the victim in a settlement. According to California law, pain and suffering can be awarded as damages in personal injury cases as well as in survival actions following a wrongful death case.

Several conditions can be included under pain and suffering, such as:

  • Anxiety

  • Physical impairment or pain

  • Persistent rage

  • Depression

  • Terror

  • Grief

  • Humiliation

  • Disfigurement

  • Damaged reputation

  • Apprehension

  • Sexual dysfunction

  • Deprivement of things you can no longer enjoy

The specific losses can include loss of companionship, loss of enjoyment of life, and loss of quality of life.

How is Pain and Suffering Calculated?

There is no fixed standard used to calculate pain and suffering. Instead, many factors are considered, including:

  • The severity of your injuries

  • How your injuries impact your daily routine

  • Your profession or job before the accident

  • The medical care and treatment you now need

  • Your prognosis for the future.

To be awarded these damages, you need to prove that they were the direct result of the accident that injured you. A personal injury attorney can collect the evidence you need, which might include medical records and invoices, notes taken by doctors and mental health professionals, testimony from relevant sources, emails, and expert testimony.

Schedule a Free Consultation with a Los Angeles, CA Personal Injury Lawyer

If you were injured in a serious accident that caused you significant injury, speak with an experienced LA County, CA personal injury attorney as soon as you can to make sure you are doing everything possible to protect your rights. At Tahmazian Law Firm, P.C., we understand how difficult it can be to navigate a personal injury claims process and we are dedicated to advocating for your best outcome. Call us at 818-242-8201 to schedule a free consultation.

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