In every state within the United States of America, including the state of California, a major factor of a personal injury lawsuit or claim could be the amount of pain and suffering that was endured by the victim in question. In these cases, pain and suffering can either be physical pain or emotional – the defendant can still be held responsible, granted that the victim is able to provide adequate proof that their injuries were caused by the negligence of the defendant.
However, a lot of terms and conditions apply to a personal injury lawsuit. Hence, it is better for one to truly understand what counts for pain and suffering in a personal injury case and what does not.
Nature of the Affliction
Before an individual attempts to file for a personal injury claim in the state of California, they must gather all evidence that not only proves the severity of the damage incurred, but this evidence must also be legitimate enough to prove in the court of law that the defendant was truly at fault. Furthermore, the nature of the affliction also plays a crucial role in the verdict.
For Example: Suppose that an individual received injuries from an external source, such as a traffic accident with a truck driver, due to which they lost their ability to walk or their ability to communicate. This in turn, led them to come close to being unemployed due to their incapability of performing well within the workplace. It is highly likely that the person in question would experience feelings of incapability, unworthiness, and powerlessness. They may even end up being severely depressed. These factors mean that the individual is entitled to file a personal injury case against the person who caused them injuries – granted, that they have evidence against the person.
Classifying Pain and Suffering in Personal Injury Claims
The pain and suffering within a personal injury claim can be classified into two groups:
- Physical pain & suffering: Strained muscles, loss of vocals, broken bones, broken limbs, etc., will be classified under this category. All physical injuries that the individual has had to endure as a result of the accident will be acceptable as physical pain and suffering in the court of law.
- Emotional pain & suffering: Emotional imbalances, such as depression, anxiety, or any other type of mental pain and suffering inflicted upon an individual as a result of an accident will be classified under emotional or mental pain and suffering. Other emotional distresses such as Post Traumatic Stress Disorder, anxiety, torture, or any other mental disorder will be acceptable as mental or emotional pain and suffering in the court of law.
Time Limitation for Filing a Lawsuit
However, it should be noted that there are time limits as to how late a personal injury claim can be filed in the state of California, as well as all other states in the United States of America. According to the California statute of limitations for personal injury cases, the injured receives a time period of two years starting from the date of the injury, for the purpose of filing a lawsuit against the person who caused them the injury. Anything beyond the two year mark will result in refusal to hear your case by the court as well as the loss of your rights to receiving reimbursement or compensation for your injuries.
The Law Offices of Justin H. King helps victims of serious and traumatic injuries work towards fair settlements and verdicts. They also represent victims of dog bites in Fontana, CA. You can learn more about their firm at their website http://justinkinglaw.com/.