When you have suffered an injury, you may be left facing many difficulties.
Seeking the compensation you deserve can help alleviate these hardships and financial burdens.
If you’ve been injured, you may be able to seek pain and suffering damages.
What Is Pain and Suffering?
The pain and suffering definition is split into two different types: physical and mental.
Physical pain and suffering is the physical pain a person experiences as a result of their injuries. This pain includes all pain felt to date, and the pain a person is likely to feel in the future.
Mental pain and suffering is the mental anguish felt after suffering an injury. Common mental pain and suffering include:
- Anxiety, and
- Emotional distress.
Mental pain and suffering can vary in severity from person to person.
Like physical pain and suffering, this includes the mental pain and suffering an individual has experienced thus far and what they may experience in the future.
Can You Calculate Pain and Suffering Damages in Florida?
Damages for pain and suffering can be challenging to calculate because pain and suffering is so personal and subjective.
To calculate pain and suffering damages, the court takes many factors into account. Some of the details to consider include:
- Age of the plaintiff;
- The severity of the injury;
- Medical treatment and therapy the plaintiff has received;
- Whether there is a need for ongoing treatment and rehabilitation;
- Any preexisting conditions the plaintiff had; and
- The economic loss endured.
Some attorneys will utilize the “multiplier method” to calculate pain and suffering damages.
With this method, the attorney multiplies the economic damages sought by a number, usually one to five.
For example, if the economic damages are $100,000, and the attorney uses a multiplier of three, they would claim the individual is entitled to $300,000 for pain and suffering.
Pain and Suffering Damages
There are two types of damages for personal injury cases: economic and non-economic.
It is typically easy to calculate economic damages with the help of supporting documentation.
Pain and suffering is an example of non-economic damages.
Non-economic damages are not as easy to assign monetary value, but your personal injury attorney will gather all necessary information to calculate these damages.
While some states impose a damage cap, Florida generally does not.
There is no cap on the amount of pain and suffering damages awarded unless the lawsuit involves medical malpractice. In that case, there is a limit of $500,000 on non-economic damages.
How to Prove Your Damages
Attorneys use supporting documentation to prove damages. Examples of documents used to prove your pain and suffering damages include:
- Medical treatment records;
- Medication prescriptions; and
- Psychiatric records.
Aside from documentation, your attorney may also use testimony to prove damages.
Opinions from your medical or mental health providers can benefit your case. Your attorney may also seek opinions from medical experts.
Get an Opinion on Your Case
If you feel you may have a case, seek legal advice from a Florida personal injury attorney.
An attorney will be able to review all relevant details of your situation and decide whether you have a claim. When in doubt, always consult with a qualified personal injury attorney.
Emmanuel Sheppard & Condon has been helping clients seek justice and fair compensation since 1913.
We pride ourselves on giving every client the personalized attention they deserve. Our team works hard to get results while building lasting relationships with clients. Contact us today, and let’s discuss your case.