Sacramento Pain and Suffering Attorneys

FAQ: What is pain and suffering?

Pain and suffering resulting from a traumatic event are real and can be experienced mentally, emotionally, and physically. Long after medical bills are paid and property has been replaced or repaired, the effects of profound moments of pain and suffering can last a lifetime.

For example, a brain injury with severe cognitive impairment could permanently alter a person’s life; everyday life events that otherwise would have been experienced may be impossible or extremely unlikely. For people living with paralysis, the injuries may be permanent, and the victims experiencing these injuries and their loved ones will be impacted for the rest of their lives.

Victims deserve more than only getting their bills paid. A skilled pain and suffering attorney can ensure that victims and their loved ones are fully and fairly compensated for their losses.

Pain and Suffering Damages

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

Pain and suffering damages are often awarded in California, but calculating the dollar amount is not an exact 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 previously mentioned, the long-lasting, if not potentially permanent, psychological damage following a traumatic accident or incident is a genuine possibility. Many people develop phobias or have other irrational fears that can affect the rest of their lives negatively.

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 pain and suffering attorney 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

While financial awards can help with the cost of significant lifestyle changes to a person’s life or loss of earning potential, they cannot replace love and affection. Thankfully, the courts make every attempt to provide compensation for these intangible consequences of traumatic personal injuries. 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 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 pain and suffering damages.

Common Questions a Pain and Suffering Attorney May Ask You

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

Additionally, your pain and suffering attorney 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, photos and a list of all property damage, and photos of the surrounding vicinity.

FAQ: How does a pain and suffering attorney prove damages?

Hiring a skilled pain and suffering attorney is crucial to the outcome of personal injury cases, and here’s why: Damages must be proven, and compensatory damages for pain and suffering are not straightforward.

Obtaining proof that the injured party has pursued treatment for pain and suffering is extremely valuable. Even the most severe injuries and those that seem pretty obvious require evidence of pain and suffering in personal injury litigation. That evidence must be presented accurately and completely. Evidence can be raised and proven in several ways, including testimony by the victim of the intensity or frequency of the pain. Additionally, an experienced pain and suffering attorney will also ensure that individuals such as doctors, family members, or friends testify.

FAQ: How are pain and suffering amounts calculated?

The Civil Code of California, which contains all the statutes that govern the general obligations and rights of persons within the jurisdiction of California, outlines appropriate amounts for pain and suffering damages. It states: “Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered.”

In simple terms, pain and suffering damages must be reasonable and appropriate. Adding up medical expenses, property damage, and any other costs incurred due to the injury is only the first step. This is why hiring a skilled and experienced pain and suffering attorney is essential to cover all bases and ensure your best interests are protected.

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 Pain and Suffering Cases

California has legally defined time limits, known as “statutes of limitations,” for filing various claims. These statutes require that lawsuits be filed within a certain period following an accident or incident resulting in an injury. 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 fight to secure the compensation you deserve.

Please feel free to 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.