Posted on Tuesday, May 5th, 2020 at 9:53 pm    

The damages caused by an accident vary depending on the types of injuries, the severity of injuries, and other factors. Valuing an accident claim can be difficult, especially in cases involving traumatic injuries or permanent disabilities. Carefully documenting damages is essential for maximizing the compensation for an accident claim. However, how to document the pain and suffering caused by an accident injury?

What Are Pain And Suffering Damages?

Pain and suffering damages are non-economic damages. Economic damages, including loss of income and medical expenses, can be calculated based on the actual financial losses you experience because of the accident and your injuries. However, there is not an invoice or a bill for pain and suffering.

Compensation for non-economic damages is intended to compensate you for the physical, emotional, and mental suffering and pain you endure because of the negligence or wrongdoing of another party. While it is difficult to put a price tag on a person’s pain and suffering, that is the only way the judicial system can attempt to make a person “whole” after an accident or injury.

Examples of non-economic damages include:

  • Your physical pain and suffering caused by your injuries;
  • The emotional distress and mental anguish caused by the accident, your injuries, and your recovery, including depression, anxiety, fear, PTSD, and stress;
  • Permanent impairments and disabilities;
  • Decrease in your quality of love or enjoyment of life;
  • Scarring and disfigurement; and,
  • Loss of relationships with family and friends.

How Do I Value My Noneconomic Damages?

There is not an equation for valuing pain and suffering damages. Each case is evaluated individually based on the unique factors in the case. It can help to keep a journal detailing your struggles and challenges as you recover from your accident injuries. Include notes about your daily pain levels, activities that you cannot perform, events you miss, your emotional state, and other information that relates directly to the suffering caused by the accident and your injuries.

Your Sacramento personal injury lawyer uses this information, in combination with medical information from your health providers, to develop a case to maximize pain and suffering damages. An experienced attorney understands how insurance companies view claims for noneconomic damages and how these companies calculate damages.

Overall, insurance companies tend to minimize the value of non-economic damages. They attack this portion of the injury claim because there is no “hard” evidence to prove that someone suffered because of an injury. However, based on expert testimony and past injury cases, an attorney can develop a convincing case that you suffered extensively because of a certain injury.

Contact Our Sacramento Personal Injury Lawyers for a Free Case Review

In many cases, individuals who have legal representation for injury claims receive higher settlement offers. Insurance companies know that attorneys with experience handling injury claims are aware of the value of the claim and what a jury may award the accident victim if the case goes to trial.

Therefore, the insurance company may be more willing to work with an accident victim to arrive at a fair settlement to avoid going to court.

Client Testimonials

Herb T. Testimonial

The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T. Testimonial

I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

S.B. Testimonial

Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had excellent staff as well.  Highly recommended...

Jereme S. Testimonial

No one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Hanna Padilla Testimonial

From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!