It is important to know what is considered pain and suffering in a car accident to make sure you are fairly compensated for these losses. Pain and suffering damages provide for the physical, mental, and emotional losses caused by the car accident. They are calculated differently from economic damages, and an Orlando car accident lawyer from DWK Law can determine the value of your pain and suffering after a car accident.
What constitutes pain and suffering in Florida?
As the victim of a car accident, you have likely sustained a variety of losses, from physical injury and medical expenses to vehicle damage to lost wages. Many of these have a financial value to them that is easy to calculate.
However, when you have a broken bone or a traumatic brain injury that causes you pain and affects your quality of life, then this qualifies as pain and suffering, also known as non-economic damages. Your mental pain is also taken into account, since this can also impact your life.
Compensation for your pain and suffering will often include reduced quality of life and enjoyment, emotional and mental anguish, and loss of companionship or consortium. These losses can stem from a wide variety of injuries and accident types.
How do you demonstrate the existence of pain and suffering?
Proving pain and suffering is challenging due to its abstract nature and subjectivity. However, there are forms of evidence you can use in your personal injury claim to show what you are going through. Doctors can provide written assessments, photos, and other evidence of physical pain and suffering. Mental health professionals can also speak to your mental distress, especially if you have developed post-traumatic stress disorder (PTSD), insomnia, anxiety, or depression from suffering in a car accident. You can also log your daily experience in a journal, and collect statements from family and friends that can corroborate the pain suffered from the accident.
How are pain and suffering calculated?
A pain and suffering settlement can be very subjective and cannot simply be added up like your financial losses. While there are some way to try and calculate pain and suffering damages, it is important again note it is very subjective. Some people attempt to calculate pain and suffering using two different methods:
- The multiplier method: This method assigns a number to your pain and suffering that ranges between 1.5 and 5. The higher the number, the more severe the suffering. This number is multiplied by your economic damages to determine the value of your non-economic damages. For example, if your financial losses total $100,000 and your pain and suffering was ranked at a 3, you would receive $300,000 for your suffering. This is somewhat antiquated and not used as often nowadays.
- The per diem method: This method determines and assigns a daily value to your suffering, which is then multiplied by the number of days required for recovery. Compensation reaches its maximum amount when medical professionals determine that the patient will not recover further.
Whether you are filing a claim with the insurance company or are suing, either of these methods may be used. You can talk to the lawyer handling your personal injury case to better understand which one may be used in your situation.
Contact DWK Law to schedule a consultation today
A personal injury attorney from DWK Law calculates the value of your case so you can understand how much your pain and suffering is worth. We also make sure that you have sufficient evidence of your losses so you receive a fair settlement that can help you heal from your suffering. Call our offices today at (407) 244-3000 or schedule a free consultation online to learn more.