In the city of San Luis Obispo, pain and suffering damages may be awarded in a personal injury case. These are not considered economic damages, which help you recover money spent on medical bills and the money you have lost by not being able to work. Instead, pain and suffering damages are awarded for the pain and suffering that you have incurred due to injuries sustained in an accident.
Because pain and suffering damages are not able to be calculated exactly as compensatory damages are, a judge or jury will attempt to arrive at a fair figure. When a case is settled out of court, attorneys will work together to determine the amount that should be awarded for pain and suffering.
There are several ways in which a judge or jury can arrive at a figure for pain and suffering damages. Typically considered are medical bills, the nature of injuries and the extent of injuries. Another element that may be considered is the length of time it took or will take you to recover from your injuries. For instance, if it will take you an estimated two years to fully recover, you will receive a higher award than if you had only taken a few weeks to recover.
An attorney experienced in personal injury tort can provide more information after a person has been involved in an accident or been otherwise injured. Pain and suffering awards are unique to specific situations and amounts should not be presumed.