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Aug
2020

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

on  Car Accidents

After a car accident, a victim could experience severe injuries that may change their life forever. Valuing pain and suffering damages after a car crash could be difficult for a victim of an accident. However, it is a necessary task to pursue the compensation you deserve for a car accident lawsuit. If you were injured in a car accident in Florida, you should consult with an experienced Miami car accident lawyer as soon as possible. Personal injury attorney Prosper Shaked has years of experience handling unique car accident claims, and he would like to work with you. Prosper Shaked Accident Injury Attorneys PA is here to help you determine the value of your potential car accident case.

Calculating Pain and Suffering Damages for a Car Accident in Florida

Pain and suffering is a form of damages that can be awarded to a plaintiff 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. Note, however, that pain and suffering are often difficult to calculate because it is based on a mix of objective and subjective factors. Damages based on subjective factors are typically referred to as non-economic damages because they consider other factors outside of monetary losses.

It is hard to understand and monetize a person’s experience after a car accident. However, there are some factors that can help calculate pain and suffering damages.

The Severity of the Victim’s Injuries

The severity of the victim’s 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, a victim that sustained a traumatic brain injury may receive more compensation than a victim that sustained a laceration.

When discussing the severity of a victim’s injuries, it is also important to consider the recovery time for the injury. A victim with a brain injury from a car accident could have issues with memory or possibly experience paralysis for the rest of their life. As a result, this victim would be able to demand a higher amount for pain and suffering. Alternatively, a victim with an injury that will heal over time would have a difficult time securing payment for pain and suffering.

How the Injuries Affected a Victim’s Life

It is also important to consider how the accident and the victim’s injuries impacted their life. For example, if a victim has difficulty performing everyday tasks due to their injury, this should be considered when pursuing compensation.

It would be wise for a victim to keep a detailed log of how the car accident has changed their life. This evidence would be valuable evidence when negotiating pain and suffering damages.

Medical Expert Opinion

The opinion of a medical expert can also help when determining pain and suffering damages. Ideally, the victim should retain a medical expert that has examined and understands the extent of their injuries. However, a medical expert that is skilled within a certain field can also be of great assistance.

Witness Testimony

Witness testimony from individuals that have observed the victim 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 a suitable witness to utilize during a car accident lawsuit case.

To learn more about filing a car accident lawsuit after a crash in Florida, you should continue reading and speak with an experienced Miami personal injury attorney.

Proving Pain and Suffering Damages in a Florida Car Accident Lawsuit

In a car accident lawsuit, a plaintiff will have to prove how a defendant behaved negligently. Once this is proven, the plaintiff can be awarded pain and suffering damages and various other types of damages. To prove negligence in a car accident lawsuit, a plaintiff will have to show:

  • The defendant owed the plaintiff a duty of care
  • The defendant breached their duty of care to the plaintiff
  • The plaintiff sustained an injury or other losses due to the defendant’s actions
  • The plaintiff’s 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 a plaintiff 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

Our firm understands the burden of moving forward with your life after a serious car accident, and we would be honored to help you fight for the damages you deserve.

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 Miami 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 Accident Injury Attorneys PA at (305) 694-2676. You may also use our online submission form to contact the firm.