There are a few different types of damages that Sacramento car accident victims may be able to recover. One of these types of damages is called “pain and suffering.” Pain and suffering is the legal term for physical and emotional stress or trauma that is caused by an injury.
Even what seems like a small car accident or injury can lead to pain and suffering. Sometimes injuries don’t manifest for weeks after an accident occurred. In California, there are three main types of damages: special, general, and punitive. Pain and suffering falls into the “general damages” category.
What are general damages?
When people think of suing after a car accident, they often ask “can I sue for pain and suffering?” or “does pain and suffering include medical bills?” Generally speaking, yes, you can receive compensation for pain and suffering, but how you get there requires a bit of explanation of the different types of damages.
Special Damages are essentially hard cost damages related to a car accident. These would include medical bills, lost wages from missed time at work, and property damage to your car. These are usually fairly easy to calculate because they are a specific cost based on an invoice, bill, or estimate.
Punitive Damages are designed to deter a defendant from acting in a certain way. These are not damages for compensation, but to punish the defendant. In a car accident context, these usually only apply in extreme contexts like drunk driving.
Pain and suffering, however, fall into what is called General Damages (or non-economic damages). This type of damages refers to other injuries resulting from the case where the dollar value can’t be determined. These types of injuries are much harder to put a number on them because it depends on the case and the individual. Pain and suffering is one example of general damages, others include:
• Inability to do daily activities (exercise, drive, get groceries)
• Loss of companionship, spousal support
• Inability to do things you enjoy
• Stress
What is included in pain and suffering?
Physical pain and suffering refers to the pain and discomfort experienced by the victim as a result of the physical injuries. This includes pain and suffering that has already been endured and any future pain and suffering that may come from the accident.
Mental pain and suffering is a consequence of the physical injuries sustained. This is a result of the pain and trauma of the accident. This includes many of the following, if not more:
• Fright
• Nervousness
• Grief
• Anxiety
• Worry
• Mortification
• Shock
• Humiliation
• Indignity
• Embarrassment
• Apprehension
• Terror
• Great difficulty
More severe mental pain and suffering may include depression, mood swings, no appetite, reduced energy, and even post-traumatic stress disorder (PTSD). Similar to physical pain and suffering, this also includes past and future effects of the car accident.
Sacramento car accident attorneys can help with pain and suffering claims
Every car accident injury case is unique. There are a variety of circumstances that surround each accident and different injuries as a consequence. There is no one formula to evaluate the pain suffering the victim endured. Instead, consideration is given to the range of effects.
For example, if an injury is more serious, the victim may become depressed and have trouble sleeping. Physical pain and suffering may endure and require psychiatric counseling to address mental suffering. The victim may not be able to return to work because of this. The victim has now suffered physical and financially and may suffer from humiliation and embarrassment as well. All of these stemmed from the accident and can be compensated in a car accident case.
If you have questions about pain and suffering or a Sacramento car accident injury, please give us a call at (916) 619-5452 and we will be happy to discuss your case with you for at no cost.
