Sacramento Pain and Suffering Attorneys

Our Sacramento Pain and Suffering Attorneys Explain Different Types of Damages

When it comes to personal injury law and litigation, a victim or their family may be entitled to receive damages. An experienced lawyer can explain in greater detail that these types of “general damages” refer to both mental and emotional suffering and physical pain. Damages can often be the most significant aspect of personal injury cases monetarily; they are awarded to individuals to cover future pain, suffering, and past damages. These damages include physical pain or other consequences such as stress, grief, and anxiety.

Damages are often awarded in California, but calculating the dollar amount is a different science. Consulting with a seasoned pain and suffering lawyer is vital to securing a full and fair settlement.

The Effect of Pain and Suffering on Mental and Emotional Health

As we talked about before, it’s important to understand that a serious accident can really mess with your mind, maybe even forever.

California does not require a plaintiff to present documented mental health symptoms to receive an award for pain and suffering damages, but it can make a difference. In California, as your legal will explain, your case will be more likely to result in a fair award if a medical professional has diagnosed you.

Some common diagnoses include:

• Anxiety
• Depression
• Insomnia
• Loss of Consortium
• Post-traumatic stress disorder (PTSD)
• Other symptoms of a mental or emotional illness

Loss of Consortium

t’s true that money can help when someone’s life is turned upside down because of an injury. It can pay for medical bills, make up for lost income, and maybe even cover the costs of adjusting to a new way of life. But no amount of money can truly make up for the emotional pain and suffering, the loss of things like love and affection. The good news is that the courts recognize this, and they try their best to compensate for these intangible losses when someone is injured due to someone else’s negligence. In California, a loss of consortium claim may be filed by a spouse or registered domestic partner and is meant to provide compensation for the lack of love, care, and companionship that result from the death or irrevocable injury of their loved one.

The Purpose of Pain and Suffering Damages

The purpose of pain and suffering damages is to help an injured party return to the same or an acceptable quality of life they enjoyed before the injury. Obviously, in the case of catastrophic, permanent injury, this may not be possible. Sometimes, sadly, no treatment or medical care can help. Victims have a right to be compensated for that fact.

However, in most cases, an experienced Sacramento pain and suffering attorney can fight for and secure an award of significant financial compensation for a victim’s injuries because there is no other reasonable way to compensate them for their loss. In general, the more severe the damage and the impact of that damage upon the individual, the higher the potential award for damages.

Common Questions Our Sacramento Pain and Suffering Attorneys May Ask You

When you have a free consultation with one of our lawyers in Sacramento, you may be asked to provide as much information as you can remember about the incident or accident. This includes the basics, such as where, when, how, etc.

Additionally, your legal team will ask for any tangible items you may have, such as contact information of the other party involved, photographs of the accident scene, photos of your injuries, pictures and a list of all property damage, and images of the surrounding vicinity.

Calculating Damages for Pain and Suffering

Pain and suffering damages in a personal injury case are calculated based on a variety of factors, including:

• The level of negligence of the defendant
• The extent and nature of the victim’s injuries
• The typical pain and emotional distress associated with the injuries
• The impact on the victim’s daily life, work, and overall well-being
• The length of time it takes to recover and the extent of medical treatment
• The long-term prognosis of the injury

Because each case is unique, these calculations are often subjective. However, two main methods, multiplier and per diem, are commonly used to estimate pain and suffering damages:

1. Multiplier Method

This method involves multiplying the victim’s total economic damages—such as medical bills and lost wages—by a multiplier between 1.5 and 5. The multiplier is based on various factors, including the severity of the injury, the length of recovery, and the overall impact on the victim’s quality of life.

For example, if the economic damages are $20,000 and a multiplier of 3 is applied, the resulting pain and suffering damages would be $60,000.

1. Per Diem Method

The per diem method assigns a daily monetary value to the victim’s suffering, multiplied by the number of days they experienced pain until achieving maximum medical improvement. For example: If a daily rate of $200 is applied over a recovery period of 180 days, the total would culminate in $36,000.

Both methods are designed to estimate non-economic losses, but they can be adjusted based on compelling evidence such as medical documentation, personal accounts, or expert assessments. Ultimately, the judges, juries, or insurance companies make the final decisions based on these calculations and the specific nuances of each case.

Sacramento Pain and Suffering Attorneys and Going to Trial

Yet another reason why partnering with a highly experienced pain and suffering attorney is vital is the possibility of going to trial. If that happens, your attorney will prepare your case for trial and familiarize you with the process.

While most pain and suffering cases are settled outside of court, having a confident trial lawyer who understands the importance of being prepared for that possibility is essential. Additionally, being represented by an experienced and well-known pain and suffering attorney in Sacramento, such as those at Eason & Tambornini, may help the insurance company make a better compensation offer.

Statute of Limitations for Cases

In California, there are these things called “statutes of limitations” that set time limits for filing lawsuits after accidents or other mishaps. So, if you get hurt, you better act fast! These deadlines can vary depending on the type of case, so if you’re thinking about taking legal action, it’s best to do it sooner rather than later. Regardless of what type of trauma caused a victim’s pain and suffering, such as a motor vehicle accident, a slip and fall, or other negligent or intentional act by another, you generally must file your lawsuit within the statutory period typically based on the date the injury occurred or was first discovered.

If a government entity was involved, you may need to file a government claim form first, which often must be done within six months! The statute of limitations can be a weakness in many otherwise good cases. If you have been injured, don’t rely on blogs or web pages to calculate the statute of limitations; instead, get a free consultation with an attorney as soon as possible.

A qualified Sacramento pain and suffering attorney at Eason & Tambornini can advise you of your legal options and help you fight to secure the compensation you deserve.

Please call us today at (916) 438-1819 to make an appointment. The consultation is free whether we accept your case, and you will pay NO fees unless we win your case.