How Much Will You Receive for Pain and Suffering?

Injuries are often more than physical. In fact, the emotional and psychological pain of an injury can be just as devastating, which is why Florida law permits personal injury claimants to recover damages for their pain and suffering.

What Is Pain and Suffering?

Pain and suffering includes the physical pain of an injury, as well as emotional and psychological injuries like fear, insomnia, grief and loss of enjoyment of life. If you go through something that you wouldn’t otherwise have experienced without the injury, you might be entitled to compensation. For example, if you are in a car accident and lose the ability to walk, you might be able to recover damages for the mental anguish resulting from not being able to walk your daughter down the aisle at her wedding.

How Is Pain and Suffering Calculated?

Some damages are easily calculated: medical expenses, lost wages and attorney’s fees all have obvious monetary values. For example, if your medical bills were $10,000, then you should be able to recover $10,000.

But how much is your pain and suffering worth? Numerous factors are taken into account, including:

• Physical scarring and physical limitations (like losing the ability to walk);
• Depression and other mental health issues;
• Pain and overall discomfort, including persistence of pain;
• New fears (like developing a fear of driving after being in a traumatic car accident);
• Serious lifestyle changes (like having to use a wheelchair); and
• Inability to take care of yourself or others (like children).

Damages for pain and suffering may be included in a settlement agreement with the responsible party’s insurance company (or even your own insurance company), or they may be determined by a jury in a personal injury lawsuit. While insurance companies may have their own methods for calculating pain and suffering damages, there are two common methods.

With the multiplier method, damages are based on a multiplier of 1.5 to 5, depending on the severity of your injuries. Your total economic damages (medical bills, property damage, lost wages, etc.) are multiplied by this number. Let’s say the multiplier is 2 and your economic damages are $5,000. Under this method you would be entitled to $10,000 in emotional damages, the idea being that your pain and suffering is worth twice the economic cost of repairing your injuries.

The second method is the per diem method, which means that you receive a certain dollar amount every day from the date of the accident until you have recovered (as much as medically possible).

Proving pain and suffering can be difficult, which is why you should always consult an experienced personal injury attorney if you are in an accident.

We Can Assist You with Your Case

If you have suffered a personal injury due to another person’s negligence, you might be entitled to damages for your pain and suffering. Contact an Orlando personal injury attorney at The Pendas Law Firm today for a free consultation. We can help ensure you that receive the compensation you deserve.

The Pendas Law Firm also represents clients in the Miami, Tampa, Jacksonville, Fort Lauderdale Fort Myers, West Palm Beach, Daytona and Bradenton areas.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.737.html