Pain and Suffering in a San Diego Personal Injury Case
When you’ve been injured in an accident caused by someone else’s negligence, the financial losses—such as medical bills and lost income—are often easy to quantify. These are called “economic damages” or “special damages.” But what about the emotional and physical toll the injury has taken on your life? That’s where “pain and suffering” comes into play.
However, your “pain and suffering” damages are actually much more broad and encompassing than merely “pain” and “suffering.”
In California, and specifically in San Diego courts, pain and suffering is considered a type of non-economic damage in a personal injury claim. While it doesn’t come with a clear price tag like a hospital bill does, it can be a significant part of your compensation – in fact, it is often the most significant part of your damages.
At Jassim Law, we specialize in helping clients secure the full value of their personal injury claims—most importantly compensation for their pain and suffering and other non-economic harms.
What Is Pain and Suffering?
Non-economic damages are the loss of “human assets.” In other words, your health, comfort, freedom to live a pain free life. Another way to think about it is these are the harms that make life much more difficult on a daily basis – in ways that do not show up on a medical records or x-ray.
While the term “pain and suffering” is commonly used, it really refers to the physical discomfort, emotional distress, and reduced quality of life that someone experiences after being injured. It’s often divided into two categories:
- Physical pain and suffering: This includes ongoing pain, discomfort, or limitations caused by the injury. Examples include chronic back pain, migraines, or complications from surgery.
- Emotional or mental suffering: This encompasses anxiety, depression, PTSD, insomnia, and loss of enjoyment of life. If you can no longer play with your children, exercise, or engage in hobbies you loved, those losses matter.
- Physical Impairment: If your injury impairs your ability to use any part of your body.
- Inconvenience: As we all know, it is extremely inconvenient to deal with the aftermath of an injury, numerous doctor visits, therapy vists, and medications. Our lives are extremely busy as it is, often getting medical care alone is practically a full time job.
- Disfigurement: Beyond pain, if you’ve suffered a disfigurement that causes humiliation, or embarrassment this is an example of compensable non-economic harm.
Examples of Pain and Suffering
To better understand how pain and suffering can impact a claim, consider these examples:
- A cyclist hit by a car suffers a broken leg and spinal injuries. After surgery and rehab, he still cannot walk without pain or return to competitive cycling, something he did weekly for years. The physical pain and emotional grief over lost abilities are both compensable.
- A mother injured in a slip-and-fall accident experiences lingering neck pain and severe anxiety about falling again. Her quality of life is significantly reduced, even after the medical bills are paid.
These experiences are personal, profound, and deserving of recognition in a legal claim.
How Is Pain and Suffering Calculated?
Unlike economic damages, pain and suffering does not come with receipts or invoices. Determining and articulating the full and fair amount of a person’s non-economic losses are highly particular to each person’s case. There is no “one size fits all approach” which is why it is critically important that you select an attorney that understands your injury, and how it has affected every aspect of your particular life.
At Jassim Law, we do not rely solely on formulas. We take the time to understand how your injury has changed your life, gather testimony from doctors and mental health professionals, and present a compelling narrative that reflects your true suffering.
Why Legal Representation Matters
Insurance companies often try to minimize or dismiss claims for non-economic damages like pain and suffering. They may argue that your injury was not serious, that your medical bills were low, or that your emotional distress is exaggerated. Without strong legal advocacy, you could end up accepting far less than your claim is worth.
That’s where Jassim Law makes the difference. Led by attorney Pajman Jassim, our firm has built a reputation in San Diego for standing up to powerful insurance companies and winning fair compensation for our clients. We know how to document pain and suffering effectively, using medical records, psychological evaluations, and expert testimony to strengthen your case.
Act Now! Schedule a Free Consultation
If you or a loved one has been injured in an accident, you may be entitled to compensation for more than just your out-of-pocket expenses. Pain and suffering is real—and it deserves to be acknowledged.
If you have been injured in a motorcycle accident in San Diego, do not try to handle the aftermath alone. Contact Jassim Law for a free consultation. With their experienced team on your side, you can focus on healing while they focus on fighting for the justice and compensation you deserve. Contact Jassim Law today for a free consultation and let us help you get back on the road to recovery.
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Contact us today at (858) 524-6140 or fill out our online form to schedule a free consultation. Let us be your advocates in securing the compensation you need to move forward with your life.
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