People injured as the result of the negligence of another are entitled to recover their damages. Damages refer to monetary compensation for the loss or injury a person has suffered. There are different types of damages. In fact, the famous Black's Law Dictionary has three pages just covering the definition of various types of damages. Obviously, damages is a big subject. So, by necessity this post is limited in scope. This post is a brief discussion of non-economic damages or what is commonly referred to as pain and suffering.
California requires juries to be instructed in the law before deciding a case. The Judicial Council of California has developed Jury Instructions which are used throughout California in negligence case. These instructions are designed to explain the law on how to determine how much money a person injured by the negligence of another is entitled to. The Jury Instructions are referred to as CACI, an acronym for California Civil Jury Instructions.
CACI 3905A explains what is included in physical pain, mental suffering, and emotional distress physical pain and what must be established by a preponderance of the evidence to recover such damages. Past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety humiliation and emotional distress are all included. There is no fixed amount for these types of damages. Jurors must use their judgment to decide what is reasonable.
There is art and skill involved in presenting a believable case of damages. It must be real and sometimes little things make a big difference. If you have been injured by the negligence of another, keep a diary detailing how you are feeling, your daily troubles related to the injury, and your aches and pains. When one is suffering, one is focused on the pain and misery. However, as recovery occurs, some of that pain and suffering fades from one's consciousness. Do yourself a favor, document your journey.
For those unfortunate victims who have suffered catastrophic injuries, obviously much less is required for people to understand the suffering. But, even that story must be presented with sensitivity and compassion so the jury will understand. Not understand academically, but understand as human beings deciding an important issue for an innocent victim.
