California law, along with the provision for damages for a victim who has sustained an injury in an accident, pain and suffering might be associated with your individual case. California law allows for non-economic damages such as pain and suffering and personal injury cases, and for the most part, there is no cap on these pain and suffering damages with an exception of medical malpractice.
Pain and suffering damages are also not available if a driver is injured while uninsured, injured while driving drunk or injured while fleeing or committing a felony. Non-economic damages are kinds of compensatory damages available to victims in a personal injury case.
Non-economic damages available to California victims include inconvenience, insomnia, scarring, shock, anxiety, physical pain, loss of a limb, humiliation, loss of enjoyment of life and loss of quality of life. Your California personal injury lawyer can help you to discuss the possibility of pain and suffering compensation. You may be able to resolve your California personal injury case outside of court and come to an agreement with the other involved parties about pain and suffering damages.
If you are not able to come to a settlement outside of court, your lawyer will need to be prepared to go to trial for your personal injury case. The jury will evaluate non-economic damages when the plaintiff is able to prove that they have suffered harm already or are reasonably certain to suffer it in the future. There are no set guidelines for determining non-economic damages so it frequently falls to the personal injury lawyer appointed to the case to make the argument.
Need help? Speak with a San Francisco car accident lawyer today.