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Jul
2020

How Do you Negotiate Pain and Suffering in Florida?

on  Personal Injury

If you have experienced minor injuries from an accident, it is possible to negotiate a settlement with an insurance company. However, when your injuries are severe and coupled with emotional and mental distress, you need an experienced Miami personal injury attorney in your corner. Damages from an injury are much more than medical expenses and lost income. You deserve to be compensated for your pain and suffering as well. Our knowledgeable Florida attorney reviews how much your pain and suffering could be worth and how to negotiate for it below.

Damages Available in a Florida Personal Injury Lawsuit

If you are injured through the negligent conduct of another person, persons, or a company, you are entitled to seek compensation for your financial losses. Typically, when people think of monetary damages, they imagine medical costs, property damage, and lost income. While you can recover for these economic losses and more, you are also entitled to noneconomic damages.

Noneconomic damages cover a broad spectrum, including pain and suffering. Unlike hard costs that could be established with receipts and documentation, noneconomic damages are much more challenging to quantify.

What Constitutes Pain and Suffering in a Florida Lawsuit?

Pain and suffering damages are subjective – there is no exact method to calculate these types of damages with any certainty. They will vary from victim to victim and injury to injury. Depending on the individual, the same injury could result in a different amount of compensation for pain and suffering.

In Florida, noneconomic damages include an injured person’s past and future damages for their mental and physical pain. It is crucial to have our personal injury attorney determine the value of your injury. Without understanding how much your claim is worth, it is impossible to negotiate a fair settlement.

As stated, Florida law recognizes both mental and physical pain and suffering. Mental suffering includes all the psychological harm that stems from a severe injury, such as anger, depression, embarrassment, humiliation, and other emotional effects that hamper the injured person’s ability to enjoy living.

On the other hand, physical suffering begins with the trauma the victim experiences at the time of the injury. However, it does not end there. Serious injuries often result in long-lasting pain and discomfort. Likewise, the physical recovery from a severe injury is often arduous and excruciating. When an injury hinders your ability to act or perform physically in the same manner as before the accident occurred, you deserve to be compensated for your loss.

Some other types of physical discomfort you could have experienced include the inability to sleep in your bed because you are unable to climb a flight of stairs, the pain associated with physical therapy, or being unable to sit without spasms of pain. Mental anxiety and suffering could also include things like nightmares, fear of driving a car after a crash, or the stress of being unable to care for your children.

Supporting Your Pain and Suffering Claim After an Injury in Florida

Whether you decide to pursue a settlement on your own or you retain the services of our personal injury lawyer, you must understand how to support your pain and suffering claim with compelling evidence.

The injured plaintiff bears the burden of proving the extent of their pain and suffering. This is true when attempting to negotiate a settlement or at trial. The evidence provided must be credible and not speculative. In fact, if the evidence is uncertain, the chances of a successful pain and suffering award are significantly reduced.

There is some overlap between the evidence for medical expenses and physical pain and suffering. Medication prescribed for a victim’s pain is an easy way to demonstrate the amount of pain a person is experiencing. Often, the written testimony of your treating physician will provide additional proof and insight into the degree of pain you are suffering.

When you are attempting to prove your inability to enjoy life, depression, or other psychological trauma, the evidence becomes more challenging to gather. Our personal injury attorney will turn to medical experts or the testimony of your health care providers to help establish the level of suffering you are going through. We will also use evidence given by family members, friends, employers, and other people who could shed light on how the injury is negatively impacting your life. Credibility is crucial in presenting this type of evidence; hyperbole or exaggeration could easily hurt your claim.

Much of the evidence gathered will be through the collection of documents and reports, depositions, and interrogatories. You should also keep a personal diary of your experiences dealing with the injury, including the type of pain you feel and any feelings of depression you might experience. This record could prove essential in developing further evidence and drafting questions for witnesses. If we take your case to trial, expert testimony will enhance the evidence collected through the discovery process. A victim of a serious injury must understand that a jury has considerably more discretion in awarding damages in a personal injury lawsuit than a claims adjuster for an insurance company.

Call Our Florida Personal Injury Attorney for a Free Consultation

Every person hurt by the negligence of another deserves to be compensated for their financial losses and emotional stress. Prosper Shaked is a personal injury attorney who is dedicated to helping those who have been seriously injured in Florida. He has the experience and resources to accurately calculate your pain and suffering and fight for its recovery. Call Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676 to schedule a free appointment.