One of the most difficult components of building a personal injury case is calculating damages. Frequently, a client will assume that only out-of-pocket costs will be considered, but damages aren’t just about hospital bills. A serious injury can come with a variety of expenses: treatment for ongoing physical discomfort, changes in housing because of mobility issues, or counseling for depression. For example, a client disabled by an injury will need to move to another home because his floor is on the second-story.
Thankfully, this is recognized by the courts. California Code (CACI 3905A) allows for nine categories of “pain and suffering” when calculating damages:
- Physical Pain
- Mental Suffering
- Loss of Enjoyment of Life
- Physical Impairment
- Humiliation or Emotional Distress
During trial, present and detail each of these categories as a separate option to the the juror and you will be giving your jury enough options to increase damages to their full potential. For a full explanation, please visit the Booth & Koskoff website.