While medical bills and lost income are essential factors to consider in personal injury verdicts and settlements, compensation for “pain and suffering” is typically the largest component of the damages.
As the premier personal injury lawyers in Plant City, Florida, we are going to explore the concept of “pain and suffering” in the context of a personal injury claims below, and we’ll also explain how these types of damages are quantified.
What is “Pain and Suffering”?
In the context of Florida personal injury law, pain and suffering can be both physical and mental.
Examples of physical pain and suffering include:
- Adverse physical effects (such as pain or soreness) caused directly by the accident.
- Adverse physical effects and limitations caused by treatment. For example, pain and suffering after surgical amputation and the use of a prosthesis.
Examples of mental pain and suffering include:
- Adverse mental effects (such as anxiety, depression, emotional distress, or loss of interest in daily activities) that stem directly from the accident.
- Adverse mental effects caused by treatment. For example, depression caused by certain prescription drugs.
When it comes to both physical and mental pain and suffering, your Plant City personal injury lawyer can help you seek compensation for what you have suffered, what you are currently suffering, and what you might reasonably expect to suffer in the future.
The concepts of “pain” and “suffering” tend to be highly subjective. Therefore, claims for these types of damages benefit from the educated opinion and testimony of qualified medical specialists. Qualified witnesses can prove to insurers and juries the nature and extent of your pain and suffering, making it easier to put a dollar value on these damages.
How is Pain and Suffering Calculated?
So, let’s assume that the insurer or jury understands the extent to which your pain and suffering has impacted your life. Now, it is up to your personal injury lawyer in Plant City, Florida to translate your pain and suffering damages into a monetary award — whether in a settlement or at trial.
There are no definitive guidelines for performing this calculation.
Your Plant City personal injury lawyer may use your economic damages (e.g., medical expenses or lost wages) as a baseline for estimating pain and suffering damages. They may then suggest to the insurer or jury that your pain and suffering damages be calculated by multiplying your overall economic damages by a number like two or three. For example, if your overall economic damages are $20,000, your lawyer may suggest that the jury award you $40,000 or $60,000 in pain and suffering damages.
In other cases, your lawyer may suggest that the jury decide how much you should be compensated for your daily pain and suffering. They may then ask the jury to multiply that number by the number of days you suffer these damages. For example, your personal injury lawyer in Plant City, Florida may suggest that $200/day would be reasonable compensation for your pain and suffering. And if the entire period of these damages is deemed to be two years, you should be awarded damages worth $146,000 (730 days X $200/day).
Looking for a Qualified Personal Injury Lawyer in Plant City, Florida?
Calculating the worth of pain and suffering damages in a personal injury case can be complicated. However, as the top-rated personal injury lawyers in Plant City, Florida, the legal team at O’Toole Law Group can translate these damages into dollars and cents to maximize your compensation award.
Contact our office today at (863) 533-5525 or send us an online form through our website to schedule a free legal consultation.
