Our Top-Notch FL Attorneys Explain Pain and Suffering Damages After a Personal Injury Accident
If you are suffering physical or mental injuries after a car accident, you may be eligible for compensation for pain and suffering damages. This type of compensation pays you for all you have to endure because of someone else’s negligence. For example, if after the accident you’re never able to drive a car again or your face has been permanently scarred, you may suffer physical pain and emotional anguish the rest of your life. .jpeg)
Our experienced personal injury attorneys at Spetsas Buist have handled hundreds of personal injury claims for clients seeking compensation for pain and suffering. When you hire our experienced personal injury lawyers, we will explain the type of pain and suffering damages you may be able to recover and how to calculate them. Here, our lawyers explain what to expect when you need compensation for pain and suffering.
Understanding Pain and Suffering Damages After a FL Car Accident
The legal term “pain is suffering” is used to describe the physical and emotional suffering and stress a victim goes through because of injuries caused by an accident. They are considered “non-economic” damages because they are not generally associated with any medical or income-related expenses. Plaintiffs often seek pain and suffering damages in addition to economic damages.
Types of Pain and Suffering
Pain and suffering damages include various types of harm you may suffer either during an accident or in the aftermath (as a result of the incident), including pain, discomfort, inconvenience, or psychological harm. The term includes both physical and mental/emotional harm.
Physical Pain and Suffering
Physical pain and suffering includes any physical pain or ongoing medical conditions that leave the victim with long-term pain. Examples of physical pain include:
- Neck pain
- Burns
- Spinal cord injuries
- Nerve damage
- Traumatic brain injuries (TBIs)
- Paralysis
- Amputations
The amount of compensation you may receive depends on the severity of your injuries and their impact on your life.
Mental or Emotional Pain and Suffering
Mental or emotional pain and suffering can be just as devastating and crippling as physical pain. This is why victims have a legal right to compensatory damages for psychological as well as physical harm. Common types of mental or emotional pain and suffering include the following:
- Anxiety and depression. Depending on the severity of your anxiety or depression, it can make performing daily tasks and living a normal life difficult.
- Post-traumatic stress disorder (PTSD). Traumatic events such as car accidents can lead to PTSD. Symptoms include anxiety, stressful flashbacks, and nightmares.
- Loss of enjoyment of life. If you can no longer participate in the hobbies, sports, or other activities you enjoyed before the accident, you may experience the emotional distress of loss of enjoyment.
- Embarrassment or humiliation. If you have scarring or disfigurement as a result of the accident, you may be eligible for damages related to the distress you feel as a result of such visible changes to your appearance.
- Fear or phobia. You may experience emotional suffering and a loss of quality of life if you suffer from a fear of driving or riding in a car in the aftermath of the crash.
- Sleep disturbances. Insomnia and other changes in your sleep patterns can cause distress and even affect your physical well-being.
- Relationship problems. Accidents and the resulting injuries can put stress on relationships, creating strain and emotional distance from those you love.
How You Prove Pain and Suffering After a FL Car Accident
Plaintiffs must establish a connection between the accident and the injuries they suffered and their physical and emotional well-being. Pain and suffering can be established with the following evidence:
- Medical records
- Expert testimony
- Testimony from the victim
- Testimony from family and friends
- Psychological evaluations
- Records of lost wages
- Evidence of changes to daily life
Determining the Value of Pain and Suffering Damages After a FL Accident
Because the events of every car accident are unique, there isn’t an assigned number for how much pain and suffering damages are worth. Non-economic damages aren’t as quantifiable as economic damages, so your attorney has to look at the specific circumstances of the accident to calculate what he believes would be fair compensation for your losses. Florida places no cap on the amount of damages that can be awarded to an accident injury victim; however, common factors for making a determination include the severity of the injury, the required medical treatment, the recovery period, and the impact the accident has on your life.
The legal system also established other calculation methods to weigh all the factors involved and help determine compensation. Two common methods are:
- The multiplier method. In this method, the victim’s economic damages are multiplied by a number between two and five, depending on the severity of injuries and other factors.
- The per diem method. This method involves assigning a dollar amount to every day the victim faces pain and suffering. The chosen amount is generally based on lost wages or other economic factors.
