What are pain and suffering damages in car accident cases?
Pain and suffering refer to the pain of physical injuries being inflicted and the suffering a car accident victim feels from the injuries and recovery. These non-economic damages don’t come with a receipt, but they do have considerable value, especially when someone suffers a severe injury and requires invasive medical procedures.
In Florida, victims in a personal injury lawsuit may claim both economic (tangible) and non-economic (non-tangible) damages in their civil suit. In order to be compensated for non-economic damages, victims have to prove their injuries meet Florida’s threshold for “serious injury.” An experienced Florida car accident attorney can explain your legal options, including eligibility for pain and suffering damages, in a free consultation. When represented, we help you collect the evidence you need to prove your claim.
What are non-economic damages in Florida?
According to Florida law, victims in car accidents can only recover non-economic damages if their physical injuries result in significant or permanent loss of a bodily function, significant scarring or disfigurement (like burn injuries), or other permanent injury.
You may be eligible to claim compensation for your:
- Acute physical pain and chronic discomfort from your injuries
- Physical limitations you now have because of your injuries
- Psychological distress, including developing anxiety, depression, or PTSD from the wreck
- Scarring and disfigurement
You may also be entitled to claim compensation for your loss of enjoyment of life. The effects of depression due to reduced abilities, and the onset of anxiety that happens to many victims, often last longer than the physical injuries themselves and can impede healing and recovery.
How does a Florida car accident lawyer calculate non-economic damages?
Pain, anxiety, and diminished quality of life are, by their nature, subjective, which makes putting a dollar value on them more difficult than tabulating your economic damages. Your lawyer calculates the value of your pain and suffering based on the severity of your physical injuries, the impact on your daily life, and length of recovery, among other factors.
How do I prove my pain and suffering after a car accident?
Attend all of your follow-up medical appointments and report your pain levels to your doctor at each appointment. Your medical records are a vital piece of evidence in your claim, not just proving the extent of your injuries and value of your medical damage, but also illustrating how your chronic pain and compromised physical abilities reduced your quality of life.
Consider seeking treatment for your mental health, too. Not only can this help your recovery, it also supports your case. Your diagnosis of depression, PTSD, or anxiety, tied to the events of the collision, is a compelling argument for this type of damages.
How our Florida car accident lawyer can help you after a wreck
Have you been injured in a car accident and need help getting fair compensation for your pain and suffering? We can help!
Please contact Guardian Legal Counsel today for a free consultation.