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

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!

Star Fire Testimonial

It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Maye Ly Testimonial

I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Jennifer Birdseye Testimonial

Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Elizabeth Ochoa Testimonial

I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.