Pain and suffering are types of non-economic damages. They are rewarded for accident victims that went through emotional distress and physical discomfort following their accident and recovery period.
The amount you can receive for pain and suffering depends on your case and what you went through. A personal injury lawyer can help you build your case and demand more for your losses. Accidentlawfirm.com states that there is no damage cap on the amount of pain and suffering in Florida, with one exception, namely medical malpractice.
If your personal injury case involves malpractice, and you want to receive compensation for your non-economic damages, then you can’t receive more than $500,000. Here is how to determine if you are offered fair compensation for your pain and suffering.
In Florida, most personal injury settlements range between $10,000 to $60,000 or more. Of course, a wide range of factors determines the final amount, such as the injuries you suffered, lost wages, medical bills, your ability to work in the future, and many other things.
Generally, the length of time you require treatment and the severity of your injuries are the essential factors. Yet, these are tangible damages, aka economic damages. Non-economic damages are intangible damages, and though you might believe they have a lower value, in some cases, they can be worth a lot more than economic damages.
However, your attorney can estimate how much you can be rewarded for your pain and suffering by looking at the amount of your economic damages, also referred to as special damages, and multiplying it by 1.5 or 5 based on the severity of your injuries. So, the best thing to do is to consult with a personal injury lawyer and present your case.
What you need to keep in mind is that three main elements can determine the amount you receive for your pain and suffering, namely the severity of your injuries, how they affected you, and the evidence.
Pain and suffering aren’t the same for everyone, even if the severity of the injuries is similar. For example, if an elderly person slips and falls, breaking their hip, they might need to be placed in a nursing home and deal with social isolation. In many instances, these types of injuries can lead to complications or hinder an elderly person’s self-care capabilities.
On the other hand, a younger person might recover from this type of injury faster since their bodies have more bone density. In other instances, if victims suffer burns in their accidents, the pain is usually excruciating compared to a broken wrist.
Ultimately, how the injuries impact your everyday life will play a significant role in your claim, especially if they prevent you from enjoying your hobbies or if you are an athlete that can no longer perform their profession due to the accident.
The pain and suffering associated with disabilities are often among the hardest to endure, and compensation for such issues is among the highest. In other cases, if victims develop PTSD symptoms due to their accident, it will prevent them from enjoying their life as they did before. For example, they might not drive again for several weeks, months, or years, as their trauma is too great. Pain and suffering can also affect your interpersonal relationships.
The severity of your injuries, the recovery time, and the impact on your everyday life are considered in your personal injury claim. However, evidence will also play a crucial role in proving your pain and suffering.
To prove pain and suffering, you will need injury photos, witness testimonies, medical records or bills, and doctor statements. This is where a personal injury lawyer can help you. They will procure all the needed evidence for your losses and suffering and negotiate a fair settlement on your behalf.
It’s important to be honest with your lawyer and tell them exactly what you went through and how you feel. Strong communication with your attorney is pivotal so that they know what they are fighting for. Many personal injury lawyers offer free consultations, and you won’t have to pay them unless they win your case. Consider giving one a call so they can fight for your rights.