Legal Question in Personal Injury in California
am i entitled to any pain & suffering?
i was in a car accident and i had to go to the ER because my left side was aching and later went numb. the doctor told me that nothing was broken but i was really bruised and he prescribed me 2 medicines and he told me to stay home for 3 days and rest. the medicines acetaminophen-codeine 300mg & cyclobenzaprine 10 mg made me sleepy but even the slightest touch to my left breast hurt really bad. the injury was caused by the seat belt tightening and left a "seatbelt" bruise along my whole breast.i couldnt sleep at night from the pain, i have the police report stating they were at fault. can i get pain and suffering from this? if so is it like 50$? because some one at an insurance office had told me no since its the same as a headache thats the most i would be likely to recieve.
4 Answers from Attorneys
You should retain an attorney. People who handle these things themselves usually are shortchanged.
Don't get your legal advice from somebody at some insurance office! You may have a very good case and if so you would be entitled to your medical and hospital bills, lost earnings, future medical treatment, and the value of your pain and suffering which could run into the thousands or tens of thousands of dollars. Now please do not speak to any insurance company and do not sign anything for anybody until you have spoken to an independent attorney (someone who does not work for the other party or their insurance company!) Please feel free to call me or write to me via the web form at mikestonelaw.com . Watch out for legal time limits./
It is very difficult to put a value on a case unless you have reliable medical reports about the nature and extent of your injuries. Feel free to call us at 213.388.7070 for a free consultation.
Yes!
As a matter of law in California, you are entitled to recover the monetary value of all damages suffered ---- including the medical bills, property damage repair or replacement costs, loss of use of your vehicle while it is being repaired, and yes, the reasonable monetary value of your non-economic damages suffered --- that is: pain, suffering, inconvenience, anxiety, upset, worry, etc! Just what that might be is quite variable. If you can document your pain and suffering, such as by photos of the seat belt bruise, or the various trips to the doctor or therapist to treat the pain, you are more likely to persuade a jury the number is more substantial. But, remember, the insurance industry, whose representative you first consulted, has spent literally 100's of millions of dollars in the last few years on a public relations campaign trying to make everyone believe that pain and suffering are not worth a plugged nickle, because everyone has a bruise of a bump or a headache. That of course misses the point, but it is a concern for competent trial lawyers. Give us a call. We would be happy to consult with you.