Pain and Suffering Damages in Personal Injury Cases
In Florida personal injury law, “pain and suffering” encompasses a wide range of physical and emotional hardships endured by a victim following an accident. Unlike economic damages, which cover tangible losses such as medical bills and lost wages, pain and suffering damages aim to compensate for the more subjective, non-economic impacts of an injury.
What Constitutes Pain and Suffering?
Pain and suffering refer to the physical discomfort and emotional distress that a victim experiences as a result of an injury. This category of damages is broad and includes several aspects. Physical pain covers the actual pain and discomfort experienced from the injury itself and any subsequent medical treatments or surgeries. It also includes ongoing pain that may affect the victim’s quality of life. Emotional distress encompasses the mental anguish and emotional turmoil resulting from the accident and injury. Conditions such as anxiety, depression, post-traumatic stress disorder (PTSD), and insomnia are common forms of emotional distress that can be considered.
According to Florida Statute 627.737, to qualify for pain and suffering damages, you must meet specific criteria. These include experiencing a significant loss of the body’s normal function, sustaining a permanent injury, or suffering significant or permanent scarring or disfigurement.
How Pain and Suffering Damages Are Calculated
Calculating pain and suffering damages is inherently subjective, as it involves placing a monetary value on non-economic losses. Several methods are commonly used to determine these damages. The multiplier method involves multiplying the total economic damages, such as medical expenses and lost wages, by a certain number, usually between 1.5 and 5, depending on the severity of the injury and its impact on the victim’s life. For instance, if the economic damages amount to $50,000 and a multiplier of 3 is deemed appropriate, the pain and suffering damages would be $150,000.
The per diem method assigns a daily monetary value to the victim’s pain and suffering and multiplies it by the number of days the victim is expected to experience these hardships. For example, if the daily rate is set at $200 and the victim is expected to suffer for 200 days, the pain and suffering damages would be $40,000. Some cases may use a combination of the multiplier and per diem methods to arrive at a fair estimate of pain and suffering damages. In many instances, judges and juries have significant discretion in awarding pain and suffering damages. They consider the testimony of the victim, medical evidence, and the overall impact on the victim’s life.
Factors Influencing the Amount Awarded
Several factors influence the amount awarded for pain and suffering in personal injury cases. The severity of the injury plays a significant role, with more severe injuries that result in significant physical pain, long-term disability, or disfigurement typically warranting higher pain and suffering damages. The duration of recovery is also crucial, as the longer the recovery period, the higher the potential compensation. Chronic pain or permanent disabilities increase the damages significantly.
The impact on daily life is another key factor. If the injury severely restricts the victim’s ability to perform everyday activities or enjoy life, the compensation for pain and suffering is likely to be higher. Younger victims may receive higher compensation due to the longer duration of suffering anticipated over their lifetime. Pre-existing conditions that were exacerbated by the injury can also affect the amount awarded. Detailed medical records, expert testimony, and personal diaries documenting pain levels and emotional distress can strengthen a claim and potentially increase the awarded damages. Lastly, jurisdictional differences play a role, as the laws and precedents in the specific jurisdiction where the case is tried can influence the amount of pain and suffering damages awarded. Some states may have caps on non-economic damages, which can limit the amount recoverable.
Contact Lance P. Richard, PA
Pain and suffering damages play a crucial role in personal injury cases, aiming to compensate victims for the non-economic hardships they endure. Understanding what constitutes pain and suffering, how these damages are calculated, and the factors that influence the amount awarded can help victims better navigate their claims. Given the subjective nature of these damages, working with an experienced personal injury attorney is essential to ensure fair and adequate compensation.
If you have suffered a personal injury and are dealing with pain and suffering, contact Lance P. Richard, P.A. Our dedicated legal team will help you understand your rights and fight for the compensation you deserve. Reach out today to schedule a consultation and take the first step towards recovery.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html
