When you are physically injured by the legal wrongdoing of another, you are able to bring a personal injury lawsuit for your medical bills and lost income against the responsible defendants. But what about pain and suffering? Pain and suffering is a commonly misunderstood area of the law, but often one of the more substantial aspects of an injured victim’s financial recovery in California.
Pain and Suffering Generally Accompanies a Proven Physical Injury
The concept of pain and suffering is often discussed in terms of “psychological” or “mental” damages, but, while there is some truth to that phrasing, it can confuse matters. There are some types of purely psychological injuries that a defendant might be liable for in California, including intentional infliction of emotional distress and negligent infliction of emotional distress. In both of those types of suits, there was not necessarily a physical injury to the plaintiff but instead an action taken by the defendant that caused severe emotional distress to the plaintiff.
Pain and suffering in a personal injury case, however, is the mental and physical pain and suffering that follows as a result of an injury. For example, a person paralyzed by a drunk driver in a car accident can suffer physical pain for years as well mental pain such as depression, anger, inability to sleep, and so on.
Winning Recovery for Pain and Suffering
The pain and suffering an injured victim has endured and will endure over his lifetime is a key aspect of recovery, and one your personal injury attorney should pursue to obtain the maximum recovery you deserve. Putting a dollar number on pain and suffering is complicated, but an experienced, skilled personal injury attorney will do so by working with your medical and psychological caregivers and examiners, other medical and psychological experts in the field who can provide their expert evaluation and perspective, and making a compelling comparison of your situation to awards made by juries in similar situations.
Experienced Southern California Attorneys In Your Personal Injury Matter
The attorneys at The Kaufman Law Firm has consistently won six- and seven-figure verdicts and settlements on behalf of injured victims across Southern California. They will work with you from the moment you call to investigate your matter and build your best possible case for recovery. Contact The Kaufman Law Firm today to schedule a free consultation.