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Understanding Pain and Suffering Damages in the State of California

If you have been involved in a car accident caused by another in the state of California and are still suffering the repercussions, you may be entitled to pain and suffering damages. Any person who has undergone a serious injury will suffer great trauma.  Such injuries can also lead to extreme financial distress to the victim and his or her family. This article explores pain and suffering. For specific information, consider seeking the legal support of a skilled personal injury attorney who has experience in handling auto accident lawsuits such as Heiting and Irwin. An attorney with the right experience will guide you through the available legal options and help you understand what option is best for you.

Identifying Non-Economic Damages

Pain and suffering damages in the state of California are obtainable as part of a larger classification referred to as a non-economic or “general” damages. This can include, but is not limited to the following:

  • Inconvenience
  • Pain
  • Quality of life
  • Physical Limitations
  • Emotional/Mental Consequences
  • Emotional distress
  • Mental distress
  • Loss of companionship
  • Injury to one’s reputation
  • Loss of relationships
  • Personal humiliation
  • Embarrassment, grief, depression, anxiety

Some Other Considerations Include:

California’s Statute of Limitations

The state of California imposes strict deadlines when it comes to personal injury claims. Time limits can extend longer or can be shorter depending on circumstances, so experienced attorneys and their experience can be crucial.   Very short time limits may apply, so immediate action/consultation is recommended.

Limitations on Damages

Contingent on the type of case, a limit could be imposed on the claim.  This usually applies to medical malpractice claims.

Other Types of Limitations

A claim can be further limited based on the state’s enforcement of comparative fault or comparative negligence, or intervening acts of negligence by others.

Comparative Fault in the State of California

Every state has its own rules and regulations regarding pain and suffering damages. In California, comparative fault is considered in order to allocate responsibility when it comes to damages. Comparative fault may not defeat your case even if you were found to be more responsible than the other party for your grievances. In this instance, you could still obtain a portion of damages.

Circumstantial Restrictions

There are three explicit cases in which the State of California will prohibit a claimant to receive a pain and suffering damage award. In these claims, the claimant will not be able to receive that type of damages if the following apply:

  • The claimant was convicted of driving under the influence in connection to the accident
  • The claimant’s car at the time of the incident, whether owned or not, was either underinsured or uninsured

Even so, exceptional circumstances may support a claim for pain and suffering.

The outcome of each case can vary. It is important to seek legal support for further information.

The Bottom Line

If you are seeking to obtain pain and suffering damages in California, it is important to obtain the support of a knowledgeable attorney that has experience in dealing with car accident lawsuits. Filing a claim for car accident-related injuries can be a complex process; seek legal support for the best opportunity at obtaining damages.

The attorneys at Heiting & Irwin APLC are dedicated to helping injured victims seek compensation for injuries sustained as a result of negligence. They are a dedicated team of attorneys who have extensive experience in dealing with auto accident lawsuits. If you are seeking to file a lawsuit, obtain proficient legal support to guide you.

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Mr. Serrano has been admitted to practice before California State and Federal Courts. He was named to the Super Lawyers’ 2012, 2013, 2014, 2015, and 2016 Southern California Rising Stars List, an honor awarded to no more than 2.5% of attorneys in Southern California each year. View Attorney Jean-Simon Serrano's Attorney Bio Here.

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