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A Florida accident and subsequent serious injuries can impact your life in unexpected ways. Victims often understand that they deserve fair compensation for their medical expenses, lost wages, and property damage. But what about quality of life issues related to their physical pain and mental suffering? Pain and suffering is a phrase that gets used a lot in personal injury cases. However, many people don’t understand how insurers and the legal system define pain and suffering or how much it is worth.
Understanding pain and suffering and how it works in Florida personal injury cases can put you in a better position to recover the money you deserve for your injuries following an accident.
To understand pain and suffering in a personal injury case, it helps to first understand the two types of compensation an individual can pursue for their injuries following an accident caused by a careless party. First, an individual can pursue compensation for their economic damages. Economic damages compensate victims for their measurable losses, such as medical expenses, lost wages, loss of earning capacity, and property damage. They are easily calculable by tallying up bills and expenses.
Non-economic damages are much more subjective. They aim to compensate a person for quality of life issues related to the accident, like physical pain, emotional distress, or suffering. While receipts can’t measure the value of these damages, they still affect a person’s daily life, meaning the individual deserves to be compensated for the dramatic change to their quality of life. Pain and suffering fall into the category of non-economic damages.
In car accident cases, Florida allows an individual to seek compensation for pain and suffering via a civil lawsuit when the accident causes one of the following:
Florida law recognizes that these examples can significantly deteriorate the quality of a person’s life, causing mental anguish and long-term physical and emotional pain and complications.
Calculating pain and suffering can be challenging because physical pain and emotional suffering are subjective. Often, the extent and severity of a person’s injuries, the need for additional or ongoing medical treatment, and pre-existing medical conditions play a role in calculating pain and suffering.
There is no “official” formula for calculating pain and suffering. Attorneys and insurance companies use two generally accepted methods for determining the value of pain and suffering. These are the multiplier and per diem methods.
The multiplier method calculates the value of economic damages, such as medical expenses and lost wages. Next, a multiplier is assigned based on the perceived severity of the injuries, typically a number anywhere from one to five. Generally, the more severe a person’s injuries, the higher the multiplier. Economic damages get multiplied by the multiplier factor, and the total number is the value of a victim’s pain and suffering. This method is the most common formula for estimating pain and suffering damages.
The per diem method starts by assigning a specific dollar amount to every day a victim undergoes medical treatment or misses work due to their injuries. Paystubs, tax forms, and employment records can help determine the daily dollar amount. That amount gets multiplied by the number of days the victim is out of work or undergoing medical care.
However, depending on the incident, there are limitations to how much pain and suffering compensation an individual can recover after an accident. Pain and suffering are examples of non-economic damages. Florida law caps non-economic damages in medical malpractice cases at $500,000.
Since pain and suffering are subjective and evaluated on a case-by-case basis, it can be challenging to recover fair compensation. Evidence is critical to support your case and prove that an accident victim deserves maximum compensation for their injuries.
Examples of evidence that can help build a solid compensation claim and prove that you deserve money for your pain and suffering include:
Expert witness testimony can be vital to supporting your position for maximum compensation because medical professionals and financial experts can emphasize how the severity of your injuries and long-term medical needs impact your quality of life, limit your daily activities, cause a loss of enjoyment, change your relationships, and cause financial instability.
Often, the problem the accident victims run into following a traumatic event is that they cannot collect and preserve the evidence it takes to build a compelling personal injury case. If someone is in the hospital or recovering from a catastrophic injury, they may not have the physical or mental capacity to pursue evidence before it gets lost or destroyed.
Seeking legal assistance as soon as possible increases your chances of preserving vital evidence and recovering the money you deserve after a Florida accident. A skilled personal injury attorney has the resources and experience to investigate the accident. They can collect the information necessary to prove pain and suffering. They can also manage strict legal deadlines so you don’t miss the chance to file a personal injury lawsuit.
Recovery from emotional harm and physical pain is not easy. Instead of focusing on the battle ahead, allow an experienced personal injury attorney with Werner, Hoffman, Greig & Garcia to advocate for you. You can rest easy knowing your case is in good hands while you focus on recovering from your injuries. Our team provides the attention and resources you need to manage this stressful time. We’ll help you emerge in a more positive place after an accident. Contact our office now or call us at 800-320-4537 to request a free case evaluation.
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Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog
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