When injuries occur due to another party’s negligence, the injured party is entitled to compensation. Oftentimes, compensation accounts for more than just economic damages to include other non-economic damages such as pain and suffering damages.
While you may qualify to recover compensation after an injury, calculating and proving pain and suffering damages can be complicated. Fortunately, hiring the right Florida personal injury lawyers can help you understand all the damages you deserve and how you can recover them.
Pain and suffering is a legal term encompassing non-economic damages caused by an injury. Usually, pain and suffering include the victim’s physical pain and the mental anguish suffered due to the accident. Specifically, pain and suffering often include:
Unlike in the case of punitive damages, there are no limits on the amount of compensation you can seek for pain and suffering or other compensatory damages in Florida unless under exceptionally rare circumstances. However, anyone seeking compensation after an accident must document every damage they are claiming. These include all troubling outcomes such as medical bills, loss of future earning capacity, as well as pain and suffering.
Insurance companies generally use two approaches to determine the value of your pain and suffering damages:
The multiplier method involves considering the economic damages, such as medical expenses, property damage, lost wages, and multiplying this amount by a specified number. The multiplier number is usually between 1 and 5. The multiplier number is determined by the severity of the injury and other factors surrounding your injury, including the expected recovery time. Permanent injuries that include severe traumatic brain injuries, permanent total disability, or paralysis may sometimes use a multiplier of more than 5.
To illustrate, if your medical bills total $6,000, and your total lost wages amount to $2,000, the total economic damages will be $8,000. If 5 is used as a multiplier in your case, your total pain and suffering damage compensation will be $40,000.
Using the per diem approach, a specified amount of money is paid out every day a victim suffers pain. This amount is payable from the day of the accident to the day a victim attains maximum medical improvement (MMI) as determined by a qualified medical professional. An experienced Florida personal injury lawyer can help you get the fairest rates for your per diem payout.
In Florida, the law views pain and suffering as a general damage claim. Therefore, it allows the use of evidence to determine its value. Some of the evidence your Florida personal injury attorneys could use to help you recover pain and suffering damages include:
The impact of accident-related pain and suffering can be enormous and often last a lifetime. While compensation may not reverse the lifelong damages resulting from an accident, getting a fair settlement can offer some form of relief to the pain and suffering that injury victims have to endure.
Are you experiencing pain and suffering as a result of another person’s negligence? For over 40 years, our skilled Florida personal injury lawyers have been helping injured Florida accident victims get full compensation for both economic and non-economic damages. Don’t suffer in silence. Contact us online or give us a call today to schedule your free consultation with our attorneys.
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