Sacramento Pain and Suffering Attorneys
Eason and Tambornini’s Sacramento pain and suffering attorneys have helped countless personal injury victims secure the compensation they deserve for over twenty years.
In severe personal injury cases, our first goal is to determine who is responsible for the pain and suffering our clients have experienced. Then, we fight for a fair settlement that fully compensates them for their trauma. Our lawyers will work aggressively for you at every step, keep you fully informed, guide you through the settlement process, and defend your case if it goes to trial.
We offer all potential clients a free consultation. If we agree to take your case, you will receive a bill once a settlement is reached.
Please call us at (916) 438-1819 to take advantage of our FREE no-obligation consultation offer to speak with an experienced attorney.
FAQ: Our Sacramento Pain and Suffering Attorneys Explain what pain and suffering are.
Pain and suffering resulting from a traumatic event are real and can be experienced mentally, emotionally, and physically. Long after medical bills are paid and property has been replaced or repaired, the effects of profound moments of pain and suffering can last a lifetime.
For example, a brain injury with severe cognitive impairment could permanently alter a person’s life; everyday life events that otherwise would have been experienced may be impossible or extremely unlikely. For people living with paralysis, the injuries may be permanent, and the victims experiencing these injuries and their loved ones will be impacted for the rest of their lives.
Victims deserve more than only getting their bills paid. A skilled Sacramento personal injury lawyer can ensure that victims and their loved ones are fully and fairly compensated for their losses.
Damages
When it comes to personal injury law and litigation, a victim or their family may be entitled to receive damages. An experienced lawyer can explain in greater detail that these types of “general damages” refer to both mental and emotional suffering and physical pain. Damages can often be the most significant aspect of personal injury cases monetarily; they are awarded to individuals to cover future pain, suffering, and past damages. These damages include physical pain or other consequences such as stress, grief, and anxiety.
Damages are often awarded in California, but calculating the dollar amount is a different science. Consulting with a seasoned pain and suffering lawyer is vital to securing a full and fair settlement.
The Effect of Pain and Suffering on Mental and Emotional Health
As we talked about before, it’s important to understand that a serious accident can really mess with your mind, maybe even forever.
California does not require a plaintiff to present documented mental health symptoms to receive an award for pain and suffering damages, but it can make a difference. In California, as your legal will explain, your case will be more likely to result in a fair award if a medical professional has diagnosed you. Some common diagnoses include:
- Anxiety
- Depression
- Insomnia
- Loss of Consortium
- Post-traumatic stress disorder (PTSD)
- Other symptoms of a mental or emotional illness
Loss of Consortium
t’s true that money can help when someone’s life is turned upside down because of an injury. It can pay for medical bills, make up for lost income, and maybe even cover the costs of adjusting to a new way of life. But no amount of money can truly make up for the emotional pain and suffering, the loss of things like love and affection. The good news is that the courts recognize this, and they try their best to compensate for these intangible losses when someone is injured due to someone else’s negligence. In California, a loss of consortium claim may be filed by a spouse or registered domestic partner and is meant to provide compensation for the lack of love, care, and companionship that result from the death or irrevocable injury of their loved one.
The Purpose of Pain and Suffering Damages
The purpose of pain and suffering damages is to help an injured party return to the same or an acceptable quality of life they enjoyed before the injury. Obviously, in the case of catastrophic, permanent injury, this may not be possible. Sometimes, sadly, no treatment or medical care can help. Victims have a right to be compensated for that fact.
However, in most cases, an experienced Sacramento pain and suffering attorney can fight for and secure an award of significant financial compensation for a victim’s injuries because there is no other reasonable way to compensate them for their loss. In general, the more severe the damage and the impact of that damage upon the individual, the higher the potential award for damages.
Common Questions Our Sacramento Pain and Suffering Attorneys May Ask You
When you have a free consultation with one of our lawyers in Sacramento, you may be asked to provide as much information as you can remember about the incident or accident. This includes the basics, such as where, when, how, etc.
Additionally, your legal team will ask for any tangible items you may have, such as contact information of the other party involved, photographs of the accident scene, photos of your injuries, pictures and a list of all property damage, and images of the surrounding vicinity.
FAQ: How does a pain and suffering attorney prove damages?
Hiring a skilled law firm is crucial to the outcome of personal injury cases, and here’s why: Damages must be proven, and compensatory damages are not straightforward.
Obtaining proof that the injured party has pursued treatment for pain and suffering is extremely valuable. Even the most severe injuries and those that seem pretty obvious require evidence of pain and suffering in personal injury litigation. That evidence must be presented accurately and completely. Evidence can be raised and proven in several ways, including testimony by the victim of the intensity or frequency of the pain. An experienced lawyer will also ensure that doctors, family members, or friends testify.
FAQ: How are amounts calculated?
The Civil Code of California, which contains all the statutes that govern the general obligations and rights of persons within the jurisdiction of California, outlines appropriate amounts for pain and suffering damages. It states: “Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered.”
In simple terms, pain and suffering damages must be reasonable and appropriate. Adding up medical expenses, property damage, and any other costs incurred due to the injury is only the first step. Hiring a skilled and experienced pain and suffering attorney is essential to covering all bases and protecting your best interests.
Sacramento Pain and Suffering Attorneys and Going to Trial
Yet another reason why partnering with a highly experienced pain and suffering attorney is vital is the possibility of going to trial. If that happens, your attorney will prepare your case for trial and familiarize you with the process.
While most pain and suffering cases are settled outside of court, having a confident trial lawyer who understands the importance of being prepared for that possibility is essential. Additionally, being represented by an experienced and well-known pain and suffering attorney in Sacramento, such as those at Eason & Tambornini, may help the insurance company make a better compensation offer.
Statute of Limitations for Cases
In California, there are these things called “statutes of limitations” that set time limits for filing lawsuits after accidents or other mishaps. So, if you get hurt, you better act fast! These deadlines can vary depending on the type of case, so if you’re thinking about taking legal action, it’s best to do it sooner rather than later. Regardless of what type of trauma caused a victim’s pain and suffering, such as a motor vehicle accident, a slip and fall, or other negligent or intentional act by another, you generally must file your lawsuit within the statutory period typically based on the date the injury occurred or was first discovered.
If a government entity was involved, you may need to file a government claim form first, which often must be done within six months! The statute of limitations can be a weakness in many otherwise good cases. If you have been injured, don’t rely on blogs or web pages to calculate the statute of limitations; instead, get a free consultation with an attorney as soon as possible.
A qualified Sacramento pain and suffering attorney at Eason & Tambornini can advise you of your legal options and help you fight to secure the compensation you deserve.
Please call us today at (916) 438-1819 to make an appointment. The consultation is free whether we accept your case, and you will pay NO fees unless we win your case.