Pain and suffering damages are a substantial aspect of many injury settlements or awards. While you might expect reimbursement for expenses like medical bills and lost wages, you may wonder if you are entitled to recover compensation for the toll your injury has taken on your everyday life. Specifically, you may wonder, How is pain and suffering calculated in Florida? or what can I expect from a pain and suffering settlement? Here’s what to know:
How Is Pain and Suffering Calculated in an Auto Accident?
Before diving into how damages for pain and suffering are calculated, it is important first to understand what pain and suffering are. Pain and suffering is generally defined as more than just general discomfort or mild pain and can be physical, mental, or emotional. Pain and suffering damages are considered noneconomic damages. Unlike economic damages that compensate an accident victim for their actual calculable losses, such as medical expenses and lost wages, pain and suffering damages are intangible and subjective to the individual.
Pain and suffering is a broad term that can include an array of things, including:
- Physical pain and discomfort,
- Anxiety and depression,
- Emotional trauma,
- Mental anguish,
- Loss of enjoyment of life, and
- Permanent disfigurement or disability.
Remember, even though pain and suffering typically need to be much more than mild discomfort, they don’t have to be severe or life-threatening. Even if you are suffering moderate pain and suffering, you may be entitled to recovery. An experienced attorney can help you estimate your noneconomic damages, including compensation for pain and suffering.
Pain and Suffering Settlement
Most personal injury cases are settled outside court. In fact, only a tiny percentage proceeded to the trial. You can seek pain and suffering damages whether you settle your case or try it before a jury. Pain and suffering damages can be extensive and often exceed your economic damages. Still, they can be challenging to fairly and adequately negotiate because they are unique to the individual.
What Does This Mean?
Pain and suffering damages will vary significantly among plaintiffs, even those involved in similar accidents with nearly identical injuries, because an injury that negatively impacts one person can have a drastically different effect on someone else. For instance, a back injury may have a minor impact on Plaintiff A’s everyday life. They may be able to continue to enjoy their life and engage in day-to-day activities as they always have. However, Plaintiff B, with the same back injury, may be unable to physically or mentally engage in daily activities they previously had because the accident and injury have taken such a grave toll on their well-being. In this example, even though Plaintiff A and B sustained identical injuries, Plaintiff B’s pain and suffering damages will be significantly greater than Plaintiff A’s.
How Is Pain and Suffering Calculated in Florida, and How Do I Prove It?
Insurance companies and courts evaluate and calculate pain and suffering damages similarly, though insurance companies and defendants are usually quick to defend, downplay, and negotiate pain and suffering damages. Therefore, it is imperative to have an aggressive attorney to advocate on your behalf, or else you may end up with less than you deserve. You will need evidence to prove your claim whether you are before a judge or across the negotiating table.
Examples of evidence you can use to prove pain and suffering include:
- Doctors and other healthcare professional records and testimony,
- Testimony of family and friends closest to you,
- Therapist or counselor testimony or notes,
- Personal diaries or journals,
- Pictures and video, and
- Time missed from work.
You may have only one or two forms of evidence to support your claim, or you may have a handful. More important than the amount of evidence you have is its quality and reliability. Reliable, believable, and accurate evidence is crucial in proving your injuries’ negative impact on your life.
Factors Considered in a Pain and Suffering Settlement or Award
A variety of factors can be considered when calculating pain and suffering damages, including:
- The severity of the injury,
- Whether the injury is temporary or permanent,
- The time it took for the injury to heal,
- The difficulty of the recovery,
- The level of physical pain associated with the injury,
- The age of the plaintiff,
- The overall health of the plaintiff and any pre-existing conditions,
- Limitations those injuries impose on work and everyday activities, and
- Whether the injuries have impacted the plaintiff’s social life.
Pain and suffering damages can include compensation for past and future pain and suffering. If your injury causes extended or life-long distress, you might be entitled to future pain and suffering damages. While some insurance companies may utilize computer software programs to assist with calculating pain and suffering damages, there is no precise formula, and it is up to you and your attorney to advocate for what you deserve.
Florida Pain and Suffering Attorney
At James Horne Law, we understand that pain and suffering are often the causes of harm after an auto accident. That’s why we take a personal approach to every case. Let us help you get the compensation you deserve. Contact us today for a no-cost consultation.
James “Jay” Horne is an AV-Preeminent rated aggressive litigation attorney, who focuses his practice on medical malpractice, personal injury and family law matters. He has successfully represented clients from case inception through trial and appeals in state and federal court. Jay was born and raised on the Suncoast. He is married and proud father to a one year old son. In his free time, he enjoys traveling, golfing and distance running during the cool months.
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