Yes, if you’ve been injured in a car accident because of someone else’s negligence, the other person owes you money for your pain and suffering. For example, if you were stopped at a red light and somebody rear-ended you, they will owe you for the pain you had to experience because of the car accident.
The pain could last for one day, several months, years, or even for your entire life. Whatever the case may be, that person owes you money for your pain and suffering. Most of the time, the person who hits you will have car insurance that will pay for how much they owe you. If the other person does not have insurance, and you do not want to go after the other person personally, your own car insurance company may be entitled to pay you for your pain and suffering if you have uninsured motorist coverage.
If neither the other person nor you have any insurance coverage to provide payment for your pain and suffering, the only option is to pursue a case against the other person directly, with no car insurance involved. It is also important to check if the other person was working on the job at the time of the crash because the other person’s employer may be liable for your pain and suffering.
In California, pain in suffering is called “non-economic” damages and includes your claim for pain, suffering, inconvenience, mental suffering, emotional distress, loss of companionship, and loss of consortium.
Calculating the value of your pain and suffering can often prove to be very subjective. There are no objective guidelines for placing value on pain and suffering. Generally, insurance companies and jury members determine your pain and suffering based on how much you have been injured and how long you need medical treatment for. Simply put, the more injured you are and the more medical treatment you need, the more value there is in your pain and suffering claim.
If you were involved in a car accident and you have any questions or concerns, call West Covina car accident attorney, Lem Garcia, for a free case-strategy session.