When you are involved in an accident, your initial thoughts may surround the physical pain you experience. However, as time progresses, you may find that your emotional state grows worse and worse as you grapple with your new normal. If this represents your circumstances, the following blog explores your right to fight for pain and suffering and the best ways to document the damages you endure. You will also learn why connecting with our Irvine personal injury lawyers is in your best interest during these complicated legal matters.
When you are involved in an accident due to no fault of your own, you may find that the injuries you sustained are much deeper than the physical wounds you have suffered.
It is important to understand that when you sustain emotional injury due to the negligence of another party, you are entitled to seek compensation for the damages you have endured emotionally. Many assume personal injury claims are limited to physical injuries, which is far from the truth.
Generally, pain and suffering are intangible, emotional damages used to describe the stress of an injury. You may endure prolonged pain, which impairs your emotional state and can include discomfort, anguish, frustration, depression, and inconveniences you suffer as a result of your injury.
If you want to seek compensation for the pain and suffering you have endured, it is important to understand that the amount you recover will depend on several factors. Unlike other injuries that can be valued by medical bills, it can be difficult to determine the value of emotional injuries, as they are considered subjective. California does not have a set system to determine the value of these injuries, but considerations can include the economic impact, extent of the injuries, severity of the other party’s negligence, and the evidence presented.
As mentioned, fighting for the compensation you deserve for pain and suffering can be challenging, as these injuries are subjective. Unfortunately, you cannot simply submit medical records to the courts for the emotional trauma you have endured as a result of the negligent party’s actions. As such, documenting the pain and suffering you experience will give you the best opportunity to recover the compensation you deserve.
Generally, one of the best ways to showcase the severity of the emotional injuries you are experiencing as a result of an accident is to keep a detailed journal. This detailed record allows you to note the symptoms and pain you experience daily, any challenges you experience in your day-to-day life, and a general insight into your thoughts and feelings as you adapt to the new normal. Keeping a journal can help when speaking with the other party’s insurance carrier or their attorney, should your case proceed to trial.
Another way to showcase the impact the accident has had on your emotional state is to rely on testimony from friends and family. They may be able to speak about your demeanor and mental state before and after the accident to help the court get a better idea of how the injury has affected you.
Sustaining a life-altering injury due to the negligent actions of another person can be devastating. Not only can it pose physical challenges, but you can also endure emotional pain that impacts you for the rest of your life. As such, it is critical to fight for the justice you deserve. At California Personal Injury Law Firm, APC, our dedicated legal team understands how frustrating these matters can be, so we are dedicated to helping you fight for the compensation you seek. Contact us today to learn how we can assist you.
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