In California, pain and suffering claims are a vital part of personal injury lawsuits and can lead to substantial settlements that reach into the millions of dollars. The most common types of pain and suffering claims that result in significant settlements typically involve highly traumatic injuries and events, such as loss of limb or paralysis, often accompanied by substantial emotional trauma.
If you have been injured in an injury of this type, you are not alone, and you very likely have options to get the compensation you deserve. Our firm has supported countless victims of deeply traumatic, life-altering injuries who have suffered immense pain and suffering as a result.
Learn more about our Sacramento Pain and Suffering Attorney Services.
5 Key Categories of Pain & Suffering Damages Due to Highly Traumatic Injuries
- Catastrophic Physical Injuries
Claims involving catastrophic injuries like brain and spinal cord injuries, amputations, or severe or whole-body burns typically command the most significant pain and suffering settlements. There is a good reason for this: These injuries dramatically impact a person’s daily life, mobility, and ability to work, and frequently result in chronic pain or permanent disability. As an example, a Sacramento teenager who lost his leg and suffered major internal organ injuries, including one that required a liver transplant
- Permanent Disability or Disfigurement
Cases where the victim is left with permanent disabilities, paralysis, or disfigurement, including severe or whole-body scarring due to burns, or loss of limb, are among those victims who are most likely to receive high settlements. Permanent disability or disfigurement can cause lifelong physical pain and emotional distress, social isolation, and loss of enjoyment of life.
- PTSD and Other Psychological Trauma Due to Physical Injuries
As mentioned above, pain and suffering claims are not limited to physical injuries. Post-traumatic stress disorder (PTSD) resulting from a highly traumatic or catastrophic injury accident may include life-altering anxiety, depression, or significant loss of enjoyment of life. These psychological conditions tied to traumatic accidents or events are often a component of large settlements. As a hypothetical example, a single mother of two teenagers who was hit head-on by a cement truck and suffered PTSD and an inability to work ever again as a result of losing both legs, received a settlement that was large enough to provide for her and her children.
- Wrongful Death and Loss of Consortium
In the case of an accident that results in someone’s unfortunate death, the surviving family members can file a claim for pain and suffering damages for their anguish and loss of companionship. These claims often result in some of the most significant jury awards and settlements each year in the Sacramento region and beyond.
- Severe Long-Term or Chronic Pain
Chronic pain can be debilitating to live with, not to mention ongoing medical treatment if a condition worsens, multiple surgeries, and rehabilitation. These elements tend to result in substantial settlements. The impact of chronic pain can severely impact a person’s quality of life and prevent them from participating in the types of normal daily activities they regularly enjoyed before the accident. This is often reflected in the compensation awarded.
Calculating Pain and Suffering Damages
California uses two primary methods to calculate pain and suffering damages resulting from traumatic accidents and events.
- The multiplier method calculates economic damages (such as medical bills and lost wages) by multiplying the total by a factor (typically ranging from 1.5 to 5). The multiplier factor chosen is determined according to the injury’s severity.
- Per Diem Method: A daily rate is assigned to the victim’s suffering and multiplied by the number of days the pain persists.
The Rationale for Pain and Suffering Damages Following Traumatic Events
The severity of the impact on the victim’s life of experiencing a highly traumatic injury is what drives substantial pain and suffering awards for damages. Working with an experienced, local personal injury attorney is critical to maximize your compensation and ensure all aspects of your suffering are fully documented and presented in the claim. If the claim is denied and the appeal is unsuccessful, an attorney will represent you in court and continue the fight.
Free Consultation, No Fees Unless You Win
If you need advice or support regarding a claim of pain and suffering due to traumatic or catastrophic injuries, contact the personal injury attorneys at Eason & Tambornini. Call (916) 438-1819 today to schedule a free consultation. If we take your case, you will pay nothing unless and until you win a settlement. There is no fee if you decide not to pursue a claim. Either way, you will leave with your questions answered and a clear understanding of your options.