How to Prove Pain and Suffering Damages in Florida

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Accidents can often happen whenever you least expect them. If you are an accident victim, you may want to contact a personal injury lawyer in Florida. A law firm can work with you throughout the process and help you receive what you deserve in a personal injury lawsuit. Personal injury lawyers can also help you obtain pain and suffering damages.

How Is Pain and Suffering Calculated?

One of the critical tasks of your Florida personal injury lawyer is to calculate pain and suffering damages. Compensation for a pain and suffering settlement is based on various factors. A lawyer will use a pain and suffering calculator to weigh the range of factors influencing these cases to determine what your case may be worth.

Your Florida Personal Injury Lawyer Examines:

A pain and suffering lawyer will consider the various factors during the personal injury lawsuit process. Every case is different, which is why it’s so important to contact a lawyer who specializes in personal injury cases in Florida.

Here is what a Florida personal injury attorney will examine during each case:

Injury Severity

More severe injuries usually result in higher damages paid for pain and suffering cases. Insurance companies often use a formula that multiplies your medical bills by a specific number in order to estimate these damages.

Need for Ongoing Medical Treatment

If your injuries require long-term care, it can significantly increase the amount that you could receive for your pain and suffering. Ongoing medical treatments, such as physical therapy or having multiple surgeries, will also influence the damages calculation.

Age at Time of Incident

Younger individuals may receive different consideration, as they potentially must live with the injury for an extended period of time as compared to older individuals. A child or younger adult may face decades of complications as a result of the incident, while an older person may have fewer years of suffering to consider.

Pre-Existing Medical Conditions

Any pre-existing conditions you may have had could also impact your claim. Insurance companies often scrutinize medical records to determine if a pre-existing condition contributed to your current ailment.

Imposed Daily Limitations

Any physical limitations could make a monetary difference in the amount awarded. Restrictions on daily activities such as lifting, walking, or even sitting can add weight to your pain and suffering calculation.

Emotional Distress

The emotional scars of the accident can sometimes be even more challenging to cope with than the physical injuries. Psychiatric evaluations can also serve as evidence to prove your emotional distress due to the incident.

How to Prove Pain and Suffering

After understanding how pain and suffering damages are calculated, the next step in a personal injury lawsuit is to prove in court that these damages really do exist. A Florida personal injury lawyer will collect various evidence to prove how much pain and suffering damages are worth in your case.

Medical Bills

Your medical bills serve as evidence of the physical toll of the accident. These bills are often used as a baseline for calculating monetary awards for pain and suffering. A personal injury attorney in Florida will look beyond the medical bills and consider other factors as well.

Vocational and Medical Expert Opinions

Expert opinions can validate the severity of your injuries and how they may impact your ability for work. These testimonies add a layer of credibility to your case that’s difficult for the opposing side to dispute.

Witness Testimonies

Eyewitness accounts of the accident can corroborate your version of the events. Witness testimonies add a human element to the case that numbers, and medical reports can’t provide.

Wage Statements

Lost wages due to time away from work can also indicate the extent of your injuries. These lost wages can substantially influence the calculation of your total compensation.

Pain and Suffering Settlement Examples

Previous settlement examples from a personal injury lawsuit can give you an idea of how much you expect to receive. These amounts for pain and suffering in Florida can vary, depending on the facts of each case. A few pain and suffering cases include accidents involving car accidents, dog bites, work incidents, and medical malpractice.