Is this pain and suffering?

Asked over 1 year ago - Sacramento, CA

I am going to see an Attorney, regarding a car accident. The other side is definitely at fault, that has been agreed. Shortly after the accident, I was offered a new responsibility at work, that was out of my job description and would've been great experience towards hopes of future promotion. I turned it down because I was simply overwhelmed by the accident. I told my Supervisor I didn't feel capable of taking it on,because it was a great responsibility and I was simply too stressed.

Also, after this accident, I have been afraid of driving. The rental car I got was brand new and still, I only put 10 miles a day on it, because I was too scared to drive.

Can those two things be used when fighting for a fair amount for "pain and suffering?"...Thanks so much for your thoughts.

Attorney answers (12)

  1. Paul Y. Lee

    Contributor Level 18

    17

    Lawyers agree

    Answered . I agree that the work situation you describe is more appropriately described as loss of earnings or earning capacity. Fear of driving I think does fall into the category of pain and suffering. Items such as medical expenses and loss of earnings constitute economic damages or special damages. Itemd such as pain and suffering and diminished quality of life constitute general damages. You are entitled to a compensation for both types of damages.

    This response is for information purpose only and does not constitute a legal advice. This response does not... more
  2. Mark John Caruso

    Pro

    Contributor Level 12

    14

    Lawyers agree

    Answered . I wouldn't cause your employment issue Pain and Suffering. Rather it falls in the category of Lost of Earnings and Future Earnings. You need to be diagnosed by a psychologist of your fear and stress or undertake medical attention to rid you of any musculoskeletal problems.

    The AVVO response or other communication by Caruso Law Offices does not create an attorney-client relationship.... more
  3. George Costas Andriotis

    Contributor Level 20

    14

    Lawyers agree

    Answered . Both of these unfortunate things can be used when negotiating your settlement. One for loss of earning and the other for psychological distress.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . You are doing the right thing by seeing a lawyer. The lawyer will pursue all avenues of compensation.

  5. Marc Lazarus

    Contributor Level 14

    10

    Lawyers agree

    Answered . I agree with the prior posts that you should seek medical attention for your fear of driving as well as your physical injuries.

    If you can prove past or future lost income due to your injuries, then that is an economic damage that should be recoverable.

    You should consult a personal injury attorney for further assistance. Most of the personal injury attorneys on AVVO like myself provide free consultations.

    Marc Lazarus
    (800)268-9228
    www.russellandlazarus.com

  6. Paul Hilmon Cannon

    Contributor Level 13

    11

    Lawyers agree

    Answered . You can argue anything, but with insurance companies it will likely fall on deaf ears. Loss of a hope for a future promotion sounds like a speculative loss that would be hard to prove or put a value on. But,it never hurts to mention these things to your attorney and see if he can use them.

  7. Michael Shemtoub

    Contributor Level 17

    9

    Lawyers agree

    Answered . That not the strongest case for pain and suffering, but you need to do other things to "build" your case and prove pain and suffering. With a case like yours it seems like you have some good facts in order to get a high settlement. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body and your property; and of course how high is the at fault person's policy. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case!

    I've handled many of these cases and wouldn't mind speaking to you.

    View my website & call for a FREE consultation if you are a California resident 877-427-2752 or you can email me... more
  8. Paul J Molinaro

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . One of the things meant by "think like a lawyer" is how lawyers are able to categorize damages into certain headings and subheadings... by properly placing types of damages in their proper place on the "chart" (in our minds for some, I'm sure, but others like me actually use written charts) is one way we avoid missing something. Employment losses can be past earnings or future earnings as well as potential future earnings... thus los of a chance to make more money would fall under loss of potential future earnings.

    If a person suffers harm because of the negligence of another, said victim needs to do the following: First - immediately get medical attention. Second - hire a personal injury attorney. We personal injury type lawyers offer free consultations and take cases on a contingent (meaning our client does not pay unless he or she "wins" money).

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  9. Ian A. Scharg

    Pro

    Contributor Level 10

    6

    Lawyers agree

    Answered . You need to consult an attorney in the Sacramento area. Your attorney will evaluate your case and then decide what a good amount of pain and suffering would be and whether the accident caused you a loss of income or earning capacity.

    Best of luck to you in this matter.

    Ian A. Scharg, Esq.
    555 Capitol Mall, Ste 770
    Sacramento, CA 95814
    (916) 444 8240

    This is not legal advice and does not create an attorney-client relationship. This is not legal advice, it is... more
  10. Manuel Alzamora Juarez

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes , you can use those two items when negotiating for pain and suffering. However, you must get medical and psychological treatment in order to help prove your mental distress. Also, you should get a letter or get a letter from your supervisor offering you the new job. Best of luck in your recovery.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  11. Benjamin Prescott Tryk

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . Get an attorney to handle the matter. Your issue is not likely one that the insurance company will understand absent proper advocation on your behalf.

    tryklaw.com

    fresnoinjuryblog.com

    DISCLAIMER: The information gathered from this website, Tryk Law or Benjamin P. Tryk is not legal advice. If you... more
  12. Keith Douglas Vance

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . Yes, in my opinion. You describe driving anxiety, maybe PTSD. You also describe a loss of potential earning capacity. The loss of earning capacity is an economic loss because you can put a dollar amount on it and calculate it with some precision (the difference between what you would have earned and what you will earn now). Pain and suffering is for physical and mental pain and suffering, inconvenience, loss of enjoyment of life, etc. Certainly, driving anxiety or another mental or emotional disorder fits the category, in my opinion.

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