A person who is injured as the result of another person’s negligence or other wrongdoing can recover not only economic damages, such as for medical expenses and lost income, but also noneconomic damages — those that are not easily measured in monetary terms. The most common of these is known as pain and suffering.
There are generally two types of pain and suffering damages, physical and mental. Physical pain and suffering is more easily proven because it can be gauged as the result of physical stress brought on by the accident. Mental pain and suffering is harder to measure, as it includes emotional distress and other mental consequences of the accident.
Both mental and physical pain and suffering damages can include any negative effects an injured person suffers from the date of the accident into the future. Examples are:
- Mental anguish such as fear, humiliation, anxiety and shock
- Limitations on activities
- Loss of enjoyment of life
- Continuing physical pain anywhere in the body
Unlike in other states, there is no cap placed on damages for pain and suffering in Florida.
In order to award compensation for pain and suffering, these injuries must be translated into monetary values. There are two common ways of calculating these damages:
- The multiplier method — This involves measuring the plaintiff’s economic damages and multiplying them by a number from one to five, based on the severity of the injuries.
- The per diem method — This takes the plaintiff’s daily earnings and multiplies them by the number of days the plaintiff is likely to have to undergo medical treatment or physical therapy.
A skilled personal injury attorney can evaluate your case to determine the extent of your pain and suffering damages and the most effective way of calculating them. Pain and suffering damages can be proven by victim and witness testimony, doctor testimony, medical records and any other documentary evidence.
If you have been seriously injured in an accident, the experienced attorneys at Largey Law Firm are here to help. We have been fighting for the rights of personal injury clients for 27 years. We have offices in Tavares, Clermont and Inverness. To schedule a free initial consultation with an experienced lawyer, contact us online.