California is a state that grants compensation for the pain and suffering you endured because of a slip and fall accident. Usually, there will be two factors that affect the claim amount in slip and fall cases, they are economic damages and non-economic damages.
Economic and Non-Economic Damages
Economic damages refer to the amount you had lost because of the accident. It involves medical bills, loss of pay, etc. and is easy to calculate. Non-economic damages include factors like pain and suffering, emotional stress, etc. that you had to go through because of the accident. They are difficult to calculate as there are no predetermined formulas for converting these factors into dollars.
Non-economic damages usually involve:
- Loss of consortium
- Emotional distress
- Loss of enjoyment
- Emotional distress
The compensation for these factors is difficult to determine as they don’t have a specific value attached to them.
Calculating Pain and Suffering
California does not have a specific formula or criteria for calculating pain and suffering. But a plaintiff is allowed to claim for this factor along with other non-economic damages. For getting compensation for such damages, the plaintiff should prove that he had suffered all the harms he is claiming for or are certain to suffer in the future.
To calculate the compensation for pain and suffering in slip and fall cases, certain other factors are also considered. They include:
- The economic loss incurred by the plaintiff
- The severity of physical injuries
- The negligence showed by the defendant
- Strength of the presented evidence
Also, the possibility for awarding the non-economic damages will be more if:
- There are any permanent disfigurement
- The medical costs are high
- The injuries can be verified or diagnosed objectively with tests, X-rays, etc.
- It took too long to recover from the injuries.
The chance of getting pain and suffering compensation will increase if you are diagnosed with the following conditions caused as a result of the accident:
- Post-traumatic stress disorder (PTSD)
- Other emotional or mental distress
If you are planning to file a lawsuit for recovering compensation for pain and suffering, it is important to have the following evidence:
- Medical records along with doctor’s notes.
- Photographs of physical injuries or property damage
- Photos or videos that showcase the activities of the plaintiff before and after the injury
- Testimony of family members and friends
- Testimony from the workplace of the plaintiff which demonstrates any differences in the person before and after the accident.
- Testimony of an expert regarding the loss of earning capacity
If you are not sure about filing a lawsuit for claiming compensation for pain and suffering in slip and fall cases, you can consult a slip and fall attorney. He can help you to calculate the right amount for the mental distress you suffered because of the accident.