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How is Pain and Suffering Calculated After a Car Accident in Florida?

on  Car Accidents

After a car accident, you could suffer severe injuries that may change your life forever. Valuing pain and suffering damages after a car crash could be difficult for you and your family, especially while you’re struggling to recover and rebuild your life. However, pursuing the compensation you deserve for a car accident lawsuit is necessary. After all, you and your loved ones shouldn’t have to endure unnecessary financial burdens during this already difficult time. 

If you suffered an injury in a car accident in Florida, you should consult with an experienced car accident lawyer as soon as possible. Personal injury attorney Prosper Shaked has years of experience handling unique car accident claims in the state of Florida, and he would like to work with you. He can help you determine the value of your potential car accident case and secure the money you need – and deserve.

Calculating Pain and Suffering Damages for a Car Accident in Florida

Pain and suffering is a form of damages that can be awarded to an injured accident victim in a car accident lawsuit.  In the legal world, pain and suffering are defined as the physical and mental anguish that is caused due to an injury or illness. 

Unfortunately, pain and suffering are often difficult to calculate because they are subjective. After all, how can you put an actual value on suffering? And how can you prove that suffering to a court? Damages based on subjective factors are typically called non-economic damages because they consider other factors outside monetary losses.

It is hard to understand and monetize a person’s experience after a car accident. That’s where a car accident lawyer can help. Your attorney must investigate your accident and assess your injuries to build a solid case for pain and suffering. 

To do this, your attorney will examine various factors that can help calculate pain and suffering damages.

  • The severity of your injuries
  • The limitations your injuries impose on your daily life
  • Past, current, and future suffering caused by the injury
  • Emotional distress caused by the injury
  • Loss of consortium and affection
  • Your age
  • Existence of preexisting conditions

The Severity of Your Injuries

The severity of your injuries is a key factor in calculating pain and suffering damages. As you might expect, a victim that suffers more injuries will have an increased chance of receiving a large sum of money for pain and suffering damages. For example, if you suffered a traumatic brain injury, you might receive more compensation than someone who only suffered from a laceration.  

When discussing the severity of your injuries, it is also important to consider the recovery time for the injury. For example, a brain injury could leave you with permanent memory loss or even paralysis.  As a result, you could demand more for your pain and suffering. Alternatively, you might demand less if you only suffered a fracture or soft tissue damage that will heal fully over time. 

How the Injuries Affected Your Life

It is also important to consider how the accident impacted your life. For example, if you have difficulty performing everyday tasks due to injury, this should be considered when pursuing compensation.

It would be wise to keep a detailed log of how the car accident changed your life. This might include a pain journal, as well as a diary of your feelings and events you’re missing out on due to injury. This evidence would be valuable evidence when negotiating pain and suffering damages.

Two Types of Pain and Suffering

In Florida, car accident victims can suffer from different types of “pain and suffering.” It is important to understand what these damages could look like so you account for everything. While some types of pain and suffering are more obvious, others may not be. For this reason, having a Florida car accident lawyer on your side from the start is essential. Your attorney can figure out the best way to explain and demonstrate your pain and suffering to a jury. 

Physical Pain and Suffering

You will undoubtedly feel pain and suffer from physical injury when you get hurt in a car crash. When you have an injury, you can take legal action and sue for your physical pain. Usually, people believe you when you say you feel pain, and jurors can also understand this experience. However, it’s difficult to show how much pain you felt and how it changed your life.

The way each person handles pain is different. Some people can handle a lot of physical pain, while others can’t. Just saying you felt pain is not enough to prove your case. We also have to show how your pain changed your daily routine. For example, maybe the pain stopped you from doing normal things like cooking, taking a bath, or walking. With this extra information, a jury can understand better how much pain you went through.

Emotional Pain and Suffering

Besides physical pain, pain and suffering can also include a mental or emotional aspect. Even if you’re not in a lot of physical pain, you may still suffer emotional pain that deserves compensation.

It’s challenging to prove emotional or mental distress because these experiences are less visible, and everyone experiences them differently. It’s also harder for juries to understand them because mental health problems are sometimes judged harshly or considered shameful. However, our Florida personal injury lawyers can help you prove your emotional and mental suffering to a jury and hopefully get more compensation.

For instance, we can use mental health records that indicate diagnoses such as depression, anxiety, panic disorders, PTSD, and other mental conditions you might have experienced due to the accident.

Proving Pain and Suffering After a Florida Car Accident

Proving pain and suffering means building a solid case to show a Florida jury that you’re life was impacted negatively by the accident and that you suffered greatly because of the injuries you sustained. This can be done in many ways, but two of the best ways are by gathering medical experts and eyewitness testimony. 

Medical Expert Opinion

The opinion of a medical expert can also help when determining pain and suffering damages. Ideally, you and your legal team will retain a medical expert that has examined and understands the extent of your injuries. This might include a brain surgeon, a neurologist, or someone who understands the long-term battle you’ll endure. 

Witness Testimony

Witness testimony from individuals that have observed you living with a severe injury can also be helpful. If your family members and friends notice that you are struggling to adapt to life with your injuries, they could be suitable witnesses to utilize during a car accident lawsuit case. They might be able to show how your injuries have affected your mood, your emotional state, and your ability to enjoy your daily life. 

To learn more about filing a car accident lawsuit after a crash in Florida, speak with an experienced injury attorney.

Proving Pain and Suffering Damages in a Florida Car Accident Lawsuit

In a car accident lawsuit, your car accident lawyer must prove fault and negligence. Once this is proven, the courts may award pain and suffering damages and various other types of damages. 

To prove negligence in a car accident lawsuit, your legal team must show:

  • The defendant owed you a duty of care
  • The defendant breached their duty of care 
  • You sustained an injury or other losses due to the defendant’s actions
  • Your injuries and losses are compensable in a court of law

As mentioned, there are other damages available besides pain and suffering. The following is a list of economic and non-economic damages that can be awarded after winning a personal injury lawsuit:

  • Medical expenses for prescriptions, treatment, rehabilitation
  • Property damage for vehicles and personal property
  • Loss of consortium
  • Emotional distress

After a car accident in Florida, you need a lawyer who understands what you’re going through. At Prosper Shaked Accident Injury Attorneys, PA, we understand how difficult it can be to move forward with your life after a serious car accident, and we can help you fight for the damages you deserve.

How Long Do I Have To Seek Pain and Suffering Damages in Florida?

In Florida, injured accident victims only have two years from the accident date to file a lawsuit for pain and suffering compensation. This is known as the statute of limitations. If you miss this deadline, you won’t be able to seek compensation in the future. 

There are exceptions to this statute, however. So, even if you think too much time has passed, it is important to call our law firm and speak to one of our attorneys immediately. We can help you explore any legal options available to you. 

Contact Our Experienced Florida Car Accident Lawyer Today

If you were a victim of a severe car accident in Florida, you should waste no time in speaking with an experienced car accident attorney. At Prosper Shaked Accident Injury Attorneys PA, we are passionate about fighting for victims of car accidents that sustained serious injuries due to the negligence of another motorist.

To schedule a free legal consultation to discuss your potential car accident lawsuit, contact Prosper Shaked at (305) 694-2676. You may also use our online submission form to contact the firm.