Pain and Suffering Damages in a Florida Personal Injury Case
Personal injuries in Orlando often happen due to the negligence of others involved. At The Law Offices of Pardy & Rodriguez, our Orlando personal injury attorneys help you hold them accountable for the impacts you experience as a result. Pain and suffering damages in a Florida personal injury case are meant to compensate you for intangible losses. The following explains what pain and suffering damages are and the amount you may be entitled to in your claim.
What is pain and suffering?
The term ‘damages’ refers to common types of compensation you may be entitled to in a personal injury claim. Economic damages cover tangible financial losses, such as your medical expenses, lost wages, and property damages. Non-economic damages are intangible losses associated with your accident or injuries. Under Section 766.202(8) of the Florida Statutes, non-economic damages in a personal injury lawsuit may include compensation for any of the following :
- The physical pain you experience as a result of your injuries;
- Any scarring or disfigurement you suffer;
- Loss of companionship and loss of consortium, which refers to the impact your injuries have on your relationship with your spouse;
- Loss of enjoyment in life, in the event your injuries result in long term disabilities;
- The emotional pain and mental anguish your injuries cause you and other family members;
- Post-traumatic stress, resulting in symptoms such as depression, insomnia, and increased isolation from family and friends.
How much money can you sue for pain and suffering?
What is the maximum amount you can sue for in terms of pain and suffering in a Florida personal injury lawsuit? While there used to be a cap on non-economic damages in medical malpractice cases, the court overturned this in 2017. Currently, there is no legal limit on the amount of pain and suffering damages you may be entitled to in any type of personal injury claim. However, factors the court is likely to consider include:
- Your age, general health, and any pre-existing conditions you suffer from;
- The degree and severity of your injuries;
- Your prognosis for the future and any long term disabilities you are likely to suffer from;
- The direct and indirect economic costs you are likely to incur due to your injuries over the course of your life.
How to calculate pain and suffering damages
As experienced Orlando personal injury lawyers, we are dedicated to helping you get the maximum amount of compensation you need to recover from your injuries. When calculating pain and suffering damages in a Florida personal injury claim, there are two general methods that are used:
- Per diem method: This assigns a specific dollar amount that should be awarded from the day your injuries happened to the date your doctor estimates you will reach maximum medical recovery. This is the point at which your medical condition is not likely to improve and any lingering impairments are expected to result in permanent disabilities.
- Multiplier method: This calculates the total amount of economic damages (such as medical costs and lost wages) and multiplies that by a certain number to determine the amount of non-economic damages awarded in your case. The multiplier is generally between one and five, depending on the circumstances involved.
When filing a personal injury claim through insurers and dealing with insurance claims adjusters, be aware that they may use other methods to determine pain and suffering damages. These could end up reducing the overall amount you are entitled to in a settlement. Before agreeing to their terms or signing any documents, consult with our Orlando personal injury lawyers first.
How to prove pain & suffering
At Pardy & Rodriguez, PA, we take the legal actions needed to help you get the maximum amount you may be entitled to for your injuries. This includes gathering evidence to prove pain and suffering damages. Common types of evidence to support non-economic damage awards in personal injury cases include:
- Medical records showing the extent of your injuries and the types of treatments required;
- Statements from your doctor and other medical providers regarding your prognosis for recovery;
- Receipts for medications, medical devices, rehabilitative therapies, and other costs you have incurred as the result of your injuries;
- Statements from you, your family, friends, and employers regarding the impact your injuries have had on all aspects of your life.
Don’t suffer in silence – contact our Orlando personal injury lawyers today
Personal injuries can impact your physical and emotional health for years into the future. At The Law Offices of Pardy & Rodriguez, P.A., our Orlando personal injury lawyers are dedicated to helping you get the maximum amount of compensation you need to recover. We are A Firm Dedicated To You with over 35 years of combined experience representing injured victims across Florida. Give us a call or contact our office online to schedule a free consultation today.