Florida personal injury statutes allow plaintiffs to pursue accident claims for medical bills, lost income, property damages, and pain and suffering. While most economic damages are apparent, there are a few grey areas concerning non-economic damages like pain and suffering.
In this article, we discuss:
- What exactly constitutes pain and suffering
- Proving pain and suffering in Florida
- How to calculate pain and suffering damages
- When to contact a personal injury lawyer
If you had an injury in an accident due to another person’s negligence, you deserve maximum compensation for your damages, including pain and suffering. Contact a personal injury lawyer at the Schrier Law Group today for your free case evaluation.
Continue reading to learn the basics of proving pain and suffering in Florida personal injury cases.
Understanding Pain and Suffering
There are two types of pain and suffering claims: mental and physical. Generally, they must equate to something more than general discomfort but are not required to be fatal. Learn more about each below.
- Physical pain and suffering –Includes physical pain (currently felt and potential future pain) resulting from the accident. This pain can include nerve damage, broken bones, chronic headaches, disfigurement, strains, pulls, and more.
- Mental pain and suffering –Can be defined as mental/emotional anguish experienced after an accident injury. Examples include anxiety, depression, emotional distress, loss of consortium, PTSD, and more.
Pain and suffering are known as non-economic damage in Florida personal injury cases. Unlike economic damages (i.e., medical bills, lost income, property damage, etc.), assigning a compensatory value to non-economic damages can be challenging.
An experienced personal injury lawyer can help you determine the value of your pain and suffering and pursue maximum compensation from the insurance on your behalf. Continue reading to learn the first steps you need to take when proving pain and suffering in Florida personal injury cases.
Proving Pain and Suffering
Since there is no traditional “paper trail” attached to pain and suffering claims, defendants are encouraged to follow specific steps to increase the likelihood of being compensated for pain and suffering. They include, but are not limited to:
- Seek immediate medical attention – No insurance company, judge, or jury will believe your pain and suffering claims if you don’t have medical records (mental health or physical health) to back up your claims. Therefore, it is essential to seek medical attention as soon as possible.
- Maintain your records – Whether you’re seeing your primary care physician, rehabilitation specialist, or mental health professional, it’s essential to keep your records of visits, bills, additional costs, complications, and more. Further, keep track of all records of your interaction with the police and your insurance company. However, you should allow your lawyer to interact with insurers.
- Seek Legal Counsel – Florida personal injury laws are complex and notoriously difficult to navigate. The sooner you consult a personal injury lawyer, the faster they can begin building a solid personal injury case. That’s even truer when pursuing compensation for pain and suffering.
How Are Damages For Pain and Suffering Determined?
Since pain and suffering are personal to every individual, calculating damages can be a challenge. Generally, Florida courts typically consider the following factors when considering pain and suffering claims:
- Medical history and pre-existing conditions
- The age of the plaintiff
- The necessity for long-term treatment or rehabilitation
- The seriousness of the injury
- Compensation lost as a result of the injury
Depending on the details of your case, your personal injury lawyer may use the “multiplier method” to estimate pain and suffering damages owed. This technique involves multiplying total economic damages by a factor of one to five. However, it’s important to note that every case is different. It’s best to consult with your attorney to determine the value of your case.
Contact a Florida Personal Injury Lawyer Today
Suppose you have endured injuries in an accident due to the negligence or fault of another person. In that case, it’s essential to contact the best personal injury lawyer in Florida for your circumstances. Schrier Law Group is a well-known personal injury, wrongful death, and insurance litigation firm.
We’ve helped countless individuals recover maximum compensation for personal injuries for the better part of four decades. We’re confident that we can help you obtain the best possible outcome in your case as well.
Don’t wait until it’s too late to pursue a personal injury claim. Contact the aggressive, skilled, and prover personal injury lawyers at Schrier Law Group today to schedule your free case evaluation.