There is no specific waiting period for pain and suffering, although you must file your claim within a specific time period known as the statute of limitations. You may begin to receive compensation after you have agreed on a settlement or once a court has decided on an award. In practical terms, the timeline for your first payment will most likely be several weeks, but every case is different.
Various factors will determine when you can expect your first payment, and most of them are very specific to your situation. Speaking with a Los Angeles personal injury lawyer can help you understand what you should expect and how pain and suffering are paid in California.
If you have been injured and are considering a settlement with an insurance company, don’t simply accept what they are willing to give you. Reach out to us today for a free consultation to find out what kind of compensation you truly deserve.
What Is the Statute of Limitations for Pain and Suffering?
The statute of limitation for pain and suffering varies depending on location and the nature of the accident or injury. For example, in California, the general statute of limitations for personal injury claims is two years from the time of the event. This includes pain and suffering.
There can be exceptions to the waiting period for pain and suffering. In some cases, the statute of limitations does not start until the extent of the pain and suffering reveals itself. In cases of extreme trauma, that can be many years later.
The rules of the statute of limitation for pain and suffering will also vary when the victim is a minor at the time of the incident. It is important to speak with a lawyer to get a good idea of how your pain and suffering case may play out. Contact our firm to learn more.
Is There a Limit to Pain and Suffering in California?
In California, there is usually no cap on personal injury awards, including pain and suffering. However, due to the specifics of each individual case and the potential for punitive damages, it is impossible to suggest a maximum amount that may be awarded.
However, awards can be limited in some situations. Under California’s Medical Injury Compensation Reform Act (MICRA), there are caps for non-economic damages such as pain and suffering.
These caps are reflected in Assembly Bill No. 35, and they are specific to cases involving medical malpractice.
(310) 526-8383What Is Covered in Pain and Suffering?
Pain and suffering are the physical and emotional distress you endure following an injury or accident. They are considered non-economic damages, and unlike damages such as medical bills or lost wages, they are hard to quantify.
In considering a monetary amount for your pain and suffering, your attorney will investigate your situation and determine the best way to proceed. Any of the following could factor into the equation:
- Physical pain: Acute and chronic pain resulting from physical injuries such as broken bones, burns, or other serious injuries.
- Emotional suffering: Many people suffer from depression, anxiety, and post-traumatic stress disorder in the aftermath of a life-changing accident or injury and require extensive therapy.
- Loss of Enjoyment of Life: A serious accident can change your life, and you may no longer be able to participate in the things that once brought you joy, including hobbies and social relationships.
- Impact on Daily Life: An injury can make daily activities tougher or impossible. It is natural to experience depression and frustration when your life is suddenly turned upside down through no fault of your own.
An award may also consider things like mental anguish, anxiety, and depression brought about by a forced change in your career.
How Much Is Typically Awarded for Pain and Suffering?
How much you can receive after the waiting period for pain and suffering depends on your situation. Speak to our attorneys at Omega Law Group Accident & Injury Attorneys to get a better idea of where you stand. Generally, the following factors can influence how much is awarded for pain and suffering:
- Severity: Traumatic brain injuries, spinal cord injuries, amputations, or burns are examples of injuries with the potential to lead to a higher settlement amount.
- Duration: The length of your injury and the extent of your recovery period could mean a higher pain and suffering award.
- Permanence of Injury: Long-term injuries that result in loss of function as well as permanent scarring or disfigurement may increase your settlement amount.
- Enjoyment of Life: Pain and suffering compensation may increase in cases where an injury significantly impacts one’s ability to work, perform daily activities, and engage in hobbies or social activities.
- Psychological Issues: Severe emotional distress, anxiety, and post-traumatic stress disorder can factor into your payout.
- Defendant’s Actions: In situations where the at-fault party behaved with extreme recklessness or negligence or was engaged in criminal activity, a court may order punitive damages.
Get Help Understanding the Waiting Period for Pain and Suffering
While it is hard to put a monetary value on pain and suffering as we can with medical bills, lost wages, and property damages, they are a very real part of personal injuries. It isn’t fair when a negligent or reckless person creates so much turmoil in your life.
You deserve to be compensated for the physical, mental, and emotional hardships you’ve endured because of the accident or injury. The award you receive after the waiting period for pain and suffering can make a big difference in your quality of life.
At the Omega Law Group, we put our clients first. We have recovered millions of dollars in compensation for people just like you. Contact us today and find out how we can help.
