The legal practicality in regards to personal injury is astounding in both theory and practice. Generally speaking, California law deems it possible to collect damages in a personal injury dispute, even if the plaintiff is primarily responsible for their own injury. Of course, this concept is only limited to a specific set of circumstances. Our wrongful death attorneys know that individuals can file a personal injury lawsuit to receive damages from pain and suffering from insurance companies and other entities.
Nonetheless, there is some degree of vagueness of how pain and suffering is calculated in court. To demystify this concept, here is some information of how pain and suffering is assessed and what is needed to qualify to receive these damages in your case.
What Is Pain and Suffering?
Whether you are still suffering from whiplash from your most recent car accident or if a purchased product suddenly blew up in your hand, California juries are required to award damages for pain and suffering to certain individuals. In the broadest sense, pain and suffering is simply a form of compensation awarded to an individual that has suffered immense physical and psychological damage after a severe personal injury.
In these rare cases, juries are often inclined to award these individuals even if they were mostly in fault for their current condition. However, there are certain factors that must be in place if pain and suffering is to be awarded to a victim of a personal injury. Read on to learn how pain and suffering is calculated in California.
How Is Pain And Suffering Calculated?
Pain and suffering is a rare legal stipulation, so it’s not commonly granted in most personal injury cases, especially if workers’ compensation has already been received by the victim. In California, pain and suffering is awarded in the following cases:
- Car Accidents
- Defective Products
- Medical Malpractice
- Slip and Fall
- Wrongful Death
- Intentional Injury
Under these circumstances, the court may award a significant portion to the plaintiff to help the victim cope with their condition. For example, if the court determined that you were 60 percent responsible for your injury and awarded you $100,000, you will only receive $40,000 in total from this compensation. Therefore, pain and suffering is primarily calculated by your level of responsibility for your injury and the severity of your injury as well.
Are There Any Stipulations?
As with most legal cases, there are statutes of limitations regarding lawsuits for pain and suffering. For medical malpractice cases, injuries can only be reported within 1-3 years to receive consideration from a jury. This limit is reduced to 2 years for other personal injury cases.
In addition, medical malpractice victims can only receive a maximum of $250,000 if they are granted damages for pain and suffering. Also, as it was mentioned previously, personal injury victims that have received workers’ compensation are ineligible to obtain damages for pain and suffering.
The topic of pain and suffering can be confusing, considering the amount of legal obstacles that are placed to prevent ordinary victims from collecting damages. To learn more, consult with a qualified attorney.