Unlike Worker’s Compensation cases when you are injured at work by your employer or fellow employee, in a civil case, such as a vehicle accident, you are entitled to “pain and suffering” if you have been injured. If you’ve suffered injuries requiring medical treatment from an accident, how much extra compensation can you expect for the “pain and suffering” that you are experiencing? We can’t give you firm numbers or estimates because every case is unique — there is a big difference in the value of a “soft tissue” case that is completed with no future pain as opposed to a case where surgery is required or if the injury is one that is permanent or ongoing.
Ultimately, if a case goes to trial, it is up to the jury to decide what is a fair and reasonable amount for your “pain and suffering”. California Civil Jury Instruction (CACI) 3905A provides (this is an unaltered instruction):
“3905A. Physical Pain, Mental Suffering, and Emotional Distress (Noneconomic Damage)[Past] [and] [future] [physical pain/mental suffering/loss of enjoyment of life/disfigurement/physical impairment/inconvenience/grief/anxiety/humiliation/emotional distress].
[To recover for future [insert item of pain and suffering], [name of plaintiff] must prove that [he/she] is reasonably certain to suffer that harm.]
No fixed standard exists for deciding the amount of these damages. You must use your judgment to decide a reasonable amount based on the evidence and your common sense.”
As stated in CACI 3905A, there is no fixed standard for a jury to rely upon in awarding such damages; however, seasoned attorneys like Crane Flores, LLP, track jury verdicts that come out of various relevant court venues which helps our attorneys in deciding what a jury may do in your case and what may be fair and reasonable compensation for your injury.
Most accident victims don’t know that insurance companies already have money set aside to pay policyholders for “pain and suffering” whether the case is large or small. This is in addition to payment for medical bills, lost wages, and car repairs. How are you expected to know if the insurance company’s offer is fair or reasonable? Insurance companies are most often concerned with maximizing their profits more than they are with helping an injured person who is making a claim. The less money they pay you, the more money the insurance company continues to make.
Dealing with an insurance company yourself can be frustrating. They may try to extend the negotiation process in hope that you accept their offer because you’re tired of fighting with them. If you’ve sustained a major injury, you may be depending on the settlement to help you remain financially stable. Insurance companies are aware of these circumstances and can use this to their advantage. You may feel pressured and accept their offer to ensure your finances are not affected negatively even though you are entitled to more compensation.
The attorneys at Crane Flores, LLP have settled thousands of injury cases and understand that you are vulnerable after an accident. We work hard to make sure our clients receive a settlement or verdict that compensates for all of their injuries. Our guidance is invaluable in making sure you get the maximum for your pain and suffering. Call us today for a free consultation.