How to Calculate Pain and Suffering in a Jacksonville Personal Injury ClaimJacksonville Accident News
Being involved in an accident of any kind will leave a serious impact on a victim’s life. Financial losses such as lost wages from having to take time off work and medical expenses are a heavy burden to bear. But what about the mental suffering, the diminished quality of life, or the relationships that suffered due to these injuries? These are all included along with the physical pain you have suffered in a type of compensation called pain and suffering. With the help of your Florida personal injury attorney, you can calculate the amount of pain and suffering damages that you could receive.
What Is Pain And Suffering Compensation?
Pain and suffering is a legal term used in proceedings of Florida personal injury cases. It refers to the emotional and physical impact that occurs from the injury caused by an accident. Any impact on the quality of your life can follow the terms of your pain and suffering.
Even though there is no documentation you could provide that will prove the dollar amount for the pain and suffering that is happening in your life, that does not mean that it is not occurring. Pain and suffering compensation is part of a type of compensation called non-economic damages. This means that there is no monetary value that can replace or displace what you’re uniquely experiencing as a result of your incident.
Calculating Pain And Suffering Damages
There are different ways that you and your attorney can calculate the amount you can claim as pain and suffering compensation. The two ways as described below are the most common ways that pain and suffering damages are calculated:
- General Factors- Each Florida personal injury case is different. The general factors of your unique case are what you and your personal injury attorney can go over together. Some of the factors that can affect your pain and suffering compensation include:
- Testimony to the nature and severity of your injuries, and the parts of the body they affect. Medical professional testimony is a great way to show how often you are seen. A victim can claim all or some of the many different pain and suffering types.
- Statements from your loved ones are helpful to comprehend just how your injuries affect your quality of life. It shows how you were before the injury. They can provide a direct witness to the impact on your daily routine and activities.
- Photographic evidence of how you lived your life before the injury occurred. Hiking, swimming, or traveling can be shown this way.
- Any medical records can show whether you will need additional or ongoing medical care. Often, medical professionals will record your pain levels and any complaints you may have.
- Multipliers Used By The Insurance Company- Insurance companies use a formula to calculate the value of your pain and suffering. It includes out-of-pocket costs, medical expenses, and lost income. These are classified as economic damages. After they are added together, the adjuster will apply a multiplier to it in a 1-5 range of the severity of your injuries.
Your personal injury attorney or insurance company can help you calculate the amount of pain and suffering damages you deserve. The amount of compensation you receive will also depend on the kinds of pain and suffering you are put through from your incident. Each case is unique, along with the experiences the victims have as a result of their incident.
Different Kinds of Pain and Suffering
There are different types of pain and suffering. These types can be included in two different categories, physical and mental. Each is all added to the total amount of pain and suffering compensation you will be able to receive. The different types of mental pain and suffering can include but are not limited to:
- Loss of Enjoyment- When a victim’s life is significantly altered and they are no longer able to achieve the same level of enjoyment.
- Disfigurement- Permanent damage done to a person’s body like scarring to the face or amputation. Disfigurement can have a serious impact on the victim’s life.
- Mortification- The feeling of shame, extreme embarrassment, or wounded pride that comes after an accident. This could be due to mental or physical anguish.
- Shock- Can be defined as a psychological injury resulting from an incident. Shock can be triggered by witnessing an accident or from injuries sustained in an incident.
- Depression- A serious alteration to an accident victim’s feels, acts, or thinks as a result of an accident.
- Indignity- Defined as insults or damage to a person’s dignity or self-respect following an accident or altercation, indignity can come in multiple forms such as vulgarity, intentional disrespect, disgrace, or ill-treatment.
- Fright- If an event causes extreme fear in an accident victim’s life, impairing the quality of their life or everyday actions
- Grief- The loss of a loved one can bring tremendous amounts of sorrow or sadness.
- Anxiety- Extreme nervousness or severe worry caused by an event or incident.
Attorneys have many tools at their disposal for you to express the pain and suffering you feel to the fullest extent so they can better represent you. The more your attorney can understand your standpoint, the more effective they are at gaining the most compensation for your troubles. Your attorney can express to insurance companies, judges, and even juries how your injuries have affected your life both physically and mentally.
Contact A Florida Personal Injury Attorney
If you or a loved one were seriously injured in an incident in Florida that wasn’t your fault, you have the right to demand compensation, including pain and suffering damages. Our dedicated and compassionate team of Jacksonville personal injury lawyers at Sheftall Law is here to answer any questions you may have about your unique incident and will ensure that you receive the maximum compensation available to you. With decades of combined experience, you can be confident in our team’s ability to advocate for your needs and rights. Call us today at (904)-638-7712 or visit sheftalllaw.com to schedule your free, no-obligation, and confidential consultation.