Victims who are injured in an accident because of someone else’s careless behavior have a right to recover compensation for their losses from the at-fault party. Many accident victims suffer extensive physical and emotional pain and suffering, and some of them may deal with chronic pain for the rest of their lives.
Properly calculating the value of your pain and suffering damages can be crucial to getting all the compensation you are owed after an accident. However, putting an accurate value on these damages can be a complex process. Keep reading below to learn how pain and suffering damages are calculated in Florida personal injury claims.
What Are Pain and Suffering Damages?
Pain and suffering damages are a specific type of non-economic damages that are available in many personal injury claims. These damages represent the physical and psychological pain and trauma you had to endure because of your accident.
More generically, damages are the remedy provided by a civil court to make you whole again after an accident. They may be used to compensate you for financial losses, and they can also be used to compensate you for your intangible losses.
What Types of Cases Can Include Pain and Suffering Damages?
Pain and suffering damages are available in many different types of personal injury cases. You may be able to recover pain and suffering damages after nearly any type of injury that was caused by someone else.
Some of the most common cases involving pain and suffering damages are:
- Truck accidents
- Car accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accidents
- Slip and fall accidents
Some accidents, especially those resulting in catastrophic injuries, can cause substantial physical and emotional pain. However, insurance companies are often quick to try to downplay the amount of pain that you have endured. It is important that you get help from an experienced personal injury lawyer who can put an accurate value on your claim.
Physical Pain and Suffering
Some accidents result in substantial physical pain and suffering. Accident victims may face months of painful recovery, and some are left with chronic pain for the rest of their lives. While money cannot undo the accident, it is the method the court system uses to hold the responsible party accountable.
Some common types of physical injuries that may result in substantial pain and suffering are:
- Back and spine injuries
- Whiplash or other neck injuries
- Brain injuries and concussions
- Fractures or broken bones
- Nerve damage
- Severe lacerations
- Burn injuries
If you are left dealing with long-term pain, you can also recover compensation for your future pain and suffering damages. Your lawyer may use medical and financial experts to help put an accurate value on your future physical pain and discomfort.
Mental and Emotional Pain and Suffering
Not only do injured victims suffer severe physical pain, but accidents can also result in substantial emotional and psychological pain and trauma.
Some examples of emotional pain and suffering after an accident are:
- Depression
- Anxiety
- PTSD
- Insomnia
- Emotional distress
- Mental anguish
- Damage to relationships
- Cognitive changes
- Diminished quality of life
- Changes in eating or sleeping habits
Even victims who suffer only minor injuries may also suffer emotional distress. However, accident cases involving severe injuries typically see emotional pain and suffering damages with a much higher value.
Putting a Value on Pain and Suffering Damages
There is no single formula used to calculate pain and suffering damages. Instead, you must consider many factors, such as:
- The length of your recovery
- The severity of your injuries
- How your relationships with others have been affected
- Whether surgeries or other procedures were required
- Whether you suffered any permanent effects, such as disfigurement or disability
- Whether you will be able to return to work or maintain your hobbies
In most cases, your pain and suffering damages may be worth anywhere from 1.5 to 5 times the value of your economic losses. Cases involving more severe injuries usually have higher pain and suffering damages.
Proving Your Pain and Suffering Damages in Florida
Since insurance companies often try to downplay pain and suffering damages, you must have plenty of evidence to support your claim.
Some common forms of evidence used to support accident claims are:
- Medical records
- Doctors’ notes
- Photos or videos of your injuries
- Mental health records
- Testimony from friends or family members
Additionally, a pain journal can be a great way to prove your pain and suffering damages. A pain journal can be used to record details from your day-to-day life. You can keep track of pain levels and your ability to perform certain types of daily activities.
Contact Shaked Law Firm, P.A. for a Free Consultation With a Florida Truck Accident Lawyer
If you have been hurt in an 18-wheeler accident in Florida, you deserve to be fully compensated for all your pain and suffering. The experienced team at Shaked Law Firm, P.A. can help you build your case and prove the value of your damages. Contact us today at 305-937-0191 to schedule a free consultation with a Florida truck accident attorney to get started.