In every personal injury case, the plaintiff (the person who was injured and is making the claim) is seeking monetary compensation for their injuries and other losses. The legal term for this monetary compensation is “damages.” There are two main types of damages in a personal injury case: (1) economic and (2) non-economic. Economic damages or those losses that are represented by a specific dollar amount such as your medical bills. Pain and suffering fall under non-economic damages. Because they are not supported by documentation, they can be much harder to prove.
If you have suffered a serious injury as a result of someone else’s negligence, you may be entitled to compensation for your pain and suffering in addition to your other losses. A Fort Walton personal injury lawyer can help you recover all of your losses so that you can move past your accident.
Pain and Suffering Explained
Pain and suffering represent both the physical sensation of pain as well as the mental anguish that you experience as a result of your injuries. This can include the aches and pains you experience, as well as the following:
- Anger
- Emotional distress
- Sense of loss and grief
- Anxiety
- Fear
Even though these issues are subjective, that doesn’t mean that they aren’t real. The difficulty lies in articulating this portion of your claim. A Fort Walton personal injury lawyer will know how to formulate this portion of your claim so that you can get fair compensation.
Calculating Pain and Suffering
Florida law does not establish any set method for calculating damages for pain and suffering. Instead, you may encounter different methodologies depending on how your claim proceeds. For example, the insurance company may use one of the following methods in attempting to settle your claim:
- They may apply a multiplier to your economic losses. The more severe your injuries, the higher the multiplier.
- They may use a per diem rate that is multiplied by the number of days your injuries are expected to affect you.
If your case goes to trial, however, the jury may use a variety of factors to determine what would be fair compensation for your pain and suffering. These factors can include the following:
- The severity of your injuries
- Whether your accident caused permanent disabilities, impairments, or disfigurement
- How your injuries affect your family
- How much pain you suffer
- The psychological effects of your injuries
A Fort Walton personal injury lawyer will know how to assert this portion of your claim in a clear and persuasive manner.
Are There Limitations on Pain and Suffering in Florida?
There are no limitations or “caps” on the amount you can be awarded for pain and suffering. Florida used to have a cap on pain and suffering awards in medical malpractice cases, but that limitation was overturned by the Florida Supreme Court in 2017.
Injured? Talk to a Fort Walton Personal Injury Lawyer Today
Pain and suffering can represent a significant portion of the compensation you are entitled to if you have been injured as a result of someone else’s negligence. At Powell, Powell & Powell, we help accident victims get the compensation they deserve, including the pain and suffering they have experienced. To discuss your case and how we can help, contact us today at 850-682-2757 to schedule a free consultation.