How Much are Pain and Suffering Damages Worth in Florida?
When you are injured due to another person’s negligence, you can file a claim against them for damages. Many people first think of their medical expenses and lost income when filing a claim, likely because these are the most pressing issues immediately following an accident. However, the law recognizes that the pain and suffering you endure after an injury is also a loss, and that you deserve compensation for it, too.
One of the main questions surrounding pain and suffering is how they are calculated. Our skilled attorneys can accurately evaluate these damages, and the others in your claim, so you recover the fair settlement you deserve.
What is Pain and Suffering?
‘Pain and suffering’ is an umbrella term that encompasses many different types of losses. These losses are as follows:
- Physical pain
- Emotional distress
- Humiliation
- Embarrassment
- Loss of enjoyment of life
- Depression
- Anxiety
- Loss of consortium, or intimate relations with a spouse
- Permanent disfigurement
While the above are a few of the losses covered by pain and suffering damages, there are sometimes others, as well. A personal injury lawyer can advise on the full amount of damages you are eligible for after reviewing your case.
Factors that Affect Pain and Suffering
The amount of pain and suffering damages you secure through a personal injury claim will depend on several factors. These include:
- The type of accident you were in,
- The type of injury you sustained, and the severity of it,
- The extent of medical treatment required for your recovery,
- Any caps, or limits, that apply, such as in medical malpractice claims,
- The method used to calculate the damages,
- The impact your injury is having on your life,
- Whether the injury is temporary or permanent, and
- How long it will take for you to fully recover
A lawyer will take these factors into consideration, and any other that may be specific to your case.
Calculating Pain and Suffering
There are typically two methods used to calculate pain and suffering damages. These are:
- The multiplication method: When using the multiplication method, the economic damages you claim, such as medical expenses and lost income, are multiplied by a number. The number used is anywhere between 1.5 to 5, depending on the severity of the injury.
- The per diem method: Using this method, a dollar value is placed on your pain and suffering per day. That amount is then multiplied by the number of days you endured pain and suffering after the accident.
A lawyer can advise on the best method to use, and the insurance company you claim the damages from may use a preferred method.
Our Personal Injury Lawyers in Florida Can Accurately Evaluate Your Claim
If you have been injured in an accident due to the negligence of another person, our Port St. Lucie personal injury lawyers at Eighmie Law Firm, P.A. can help. Our seasoned attorneys know how to accurately evaluate your claim and will guide you through the personal injury process so you recover the full damages you deserve. Call us today at 772-905-8692 or fill out our online form to schedule a consultation.
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