Pain and Suffering Damages in a Personal Injury Lawsuit
When people retain a California accident attorney to file suit, it’s because they’re looking to collect damages. If they suffered serious injuries in that crash, they’ll expect to receive pain and suffering. Here, we’ll talk briefly about when accident victims are entitled to pain and suffering. We’ll also talk about how to prove just how much pain you were in.
You Also Need to Prove the Other Driver Was at Fault
Before you even think about damages, your California accident attorney will need to show that the defendant was at fault. This means they’ll have to prove negligence. In a car accident lawsuit, this means you have to prove the following four (4) things:
- Your attorney has to prove that the defendant owed you a duty of care. In a car accident lawsuit, that shouldn’t be difficult. All drivers owe a certain duty of care to other motorists on the road.
- You must show the other driver breached this duty. You can do this by showing that they received a traffic ticket at the crash scene. For example, if they were arrested for DUI, you can use this as evidence to show the defendant was drunk.
- You were hurt. You need to go to the hospital immediately after your crash. It’s the best way to prove that you were hurt and that your injuries were caused by the accident and not something else.
- Your injuries were caused by the defendant’s breach. The defendant will try to say that something other than the accident caused your injuries.
If your California accident attorney can prove all four elements, you should have no problem collecting damages.
Did You Suffer Serious Injuries in Your Crash?
When it comes to pain and suffering, the general rule is pretty clear. The more serious your injuries, the better chance you have of receiving damages for pain and suffering. For example, if you suffer a broken neck or back, then you were surely in tremendous pain. You may have needed to go to physical therapy for months. Certainly, if this is the case, you shouldn’t have any trouble proving pain and suffering damages.
How Would You Prove Pain and Suffering Anyway?
If your California accident attorney believe you are entitled to damages for pain and suffering, you’ll have to prove it. These damages are intended to compensate you for any physical and mental anguish caused by the crash. If you have medical records from your doctor and possibly from a psychiatrist, they’ll help go a long way toward proving damages. The judge is going to want to see that the crash did indeed cause severe pain. If that’s the case, your attorney may have your doctor testify on your behalf.
Schedule a Free Consultation With a California Accident Attorney
One of the great things about our California accident attorneys is that you can meet with one for free. We offer our clients a free consultation so they can decide how they want to proceed. It also helps us determine if your case has any merit. You’ll want to use your time wisely. Write down some questions you may have ahead of time. If you’re concerned about getting pain and suffering, make sure to ask your attorney. All you have to do is call our office and set up a date and time that works for you. If you’re more comfortable having your consultation by phone or Skype, that’s fine too. Just let our office know so we can get started and work toward getting you the compensation you deserve.