Were you hurt in a semi-truck accident in Stockton? It is imperative that you are able to get justice and compensation for your damages—including for your pain and suffering. A large truck can cause catastrophic harm. The pain and suffering can be immense for injured victims. At Redkey Gordon Law Corp, we fight for the maximum compensation for pain and suffering for injured victims. In this article, our Stockton semi-truck accident attorney provides a guide to maximizing your pain and suffering after a tractor trailer crash.
What is Pain and Suffering? (California Law)
Pain and suffering is a broad legal term that is used to describe a wide range of different adverse conditions that a person may be forced to endure after an accident, including the past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, life inconvenience, grief, anxiety, humiliation, and emotional distress.
Pain and Suffering in an Intangible Damage—and Insurers Often Try to Undervalue It
By definition, pain and suffering is an intangible damage. It can be hard to tie a specific dollar figure to a person’s pain and suffering. Notably, the California Civil Jury Instructions (CACI No. 3905A.) states that “no fixed standard exists for deciding the amount of these noneconomic damages.” The unfortunate reality is that the big insurance companies that defend trucking companies are interested in paying out as little as possible to injured victims. They often try to undervalue pain and suffering damages. The undervaluation can undermine the compensation that victims receive.
Four Tips to Maximize Your Pain and Suffering Compensation After a Trucking Crash
Did you suffer serious pain and suffering in a truck accident in Stockton or elsewhere in Central California? It is imperative that you are able to maximize your compensation. As noted, you may face a challenge from the trucking company or the insurer. They often try to pay out far less than injured victims actually deserve. Here are four actionable tips to help you secure the absolute maximum financial compensation for your pain and suffering damages after a large truck crash:
- Clearly Establish the Trucker/Truck Company Liability: California is a fault-based truck accident state. To maximize compensation for your pain and suffering, it is critical to unequivocally establish the liability of the trucker or trucking company. Among other things, you should gather and present clear evidence such as dash cam footage, witness testimonies, and accident reports that pinpoint fault. You may want to highlight any violations of transportation regulations or evidence of negligence like overworked driving hours. A comparative negligence standard applies in California. If you are found partially at fault for your own crash, you will bear partial liability for your pain and suffering.
- Carefully Document Your Economic Losses (Basis of Pain and Suffering): While no fixed standard exists for pain and suffering calculations in personal injury claims in California, the victim’s actual economic damages are often used to form the basis of a claim. With this in mind, truck accident victims should carefully document all economic losses meticulously as they form the basis for calculating pain and suffering compensation. Include medical expenses, therapy costs, and any long-term healthcare needs caused by the crash. Keep a detailed record of lost wages and potential loss of earning capacity.
- Build a Strong Case Showing the Impact of the Crash: You should always be prepared to present evidence that is focused specifically on the pain, suffering, and other trauma that you endured because of the commercial truck accident. Among other things, truck accident victims in Stockton should illustrate the profound impact of the crash on their life. You may want to rely on personal testimony and detailed daily logs. You can also use medical reports and expert testimony to explain the extent of your injuries and their long-term implications. Finally, you may want to incorporate statements from family, friends, and coworkers to depict the emotional and social toll.
- Be Prepared to Negotiate Hard for More Compensation: Most truck accident claims are settled. You should be prepared to negotiate for the best possible settlement offer—and that means the maximum financial compensation for pain and suffering. This is the part of the claims process where a top-tier Stockton, CA commercial truck accident lawyer can make the difference. Your lawyer can handle the nuances of settlement negotiations
Do Not Wait to Take Action: Statute of Limitations for a Truck Accident in California
Commercial truck accident claims are highly time-sensitive legal cases. Under California law (California Code of Civil Procedure § 335.1), there is a two year statute of limitations to bring a personal injury claim after a truck crash. If you do not bring your claim in a timely manner, that means you may not be able to get any compensation at all. Be proactive: Set up a free consultation with a Stockton truck accident lawyer right away after an accident that caused pain and suffering.
Why Truck Accident Victims in Stockton Trust Redkey Gordon Law Corp
Following a serious truck accident in California, injured victims need access to full and fair financial compensation, including for the full value of their pain and suffering damages. At Redkey Gordon Law Corp, we have the case results that injured victims can rely on. Our Stockton semi-truck accident attorneys are ready to review your case, explain your options, and help you develop a comprehensive strategy to secure the absolute maximum financial compensation.
Contact Our Stockton, CA Tractor Trailer Accident Attorney Today
At Redkey Gordon Law Corp, our Stockton semi-truck accident attorneys are justice-first advocates for victims and families. We always invest the time and resources to get the best results for our clients. If you have any questions about securing the maximum financial compensation for your pain and suffering, please do not hesitate to contact us right away for a free case evaluation. Our firm handles semi-truck accident claims in Stockton, San Joaquin County, and the region beyond.