How Is the Value of Pain and Suffering Damages Calculated?

 Posted on September 08, 2023 in Personal Injury

If you are pursuing a personal injury claim in Florida, one of the damages you can seek compensation for is pain and suffering. This refers to any physical, mental, and emotional distress caused by an accident or even a slip and fall injury. However, calculating appropriate payment for pain and suffering can be complicated. What determines the monetary value of this intangible harm in Florida injury cases and how can a Florida lawyer help with the next steps of your case?

Evaluating the Injury Itself

The most important factor is the severity of the original injury and the amount of pain it has caused. More severe injuries that result in greater suffering and loss of enjoyment of life will warrant higher damages. The type of injury is also key - for example, damages tend to be greater for brain trauma or permanent disabilities versus soft tissue injuries that heal relatively quickly.

Length of Suffering and Recovery Time

How long you suffered from the injury impacts damages as well. Compensation accounts for all pain from the initial accident through the complete recovery process. The longer recovery takes, the more you can seek for related pain and suffering. Lingering effects that extend the recovery timeline will also increase damages.

Impact on Daily Life and Routines

Beyond just physical pain, how the injury affected your normal life activities also shapes your pain and suffering claim. If you lost independence, could not work, had to quit favorite hobbies, or had to alter major parts of your routine for a long period, it increases the valuation. The extent of disruption to your lifestyle guides payouts.

Emotional Impacts Like Mental Anguish

Experiencing mental anguish due to an accident, such as depression, anxiety, post-traumatic stress disorder (PTSD), or emotional trauma is applicable to pain and suffering too. These psychological effects and mental health struggles may warrant additional compensation beyond just physical discomfort.

Precedent in Similar Injury Cases

Your attorney will look to verdicts and settlements in comparable Florida injury cases to help determine appropriate pain and suffering damages. Legal precedent from related claims gives a reasonable valuation framework. The details of your case must align with case law, however.

Documenting your injury's severity, detailing your pain, and demonstrating how the accident negatively impacted your life are key during your case with a Florida injury claim. 

Contact a Fort Lauderdale Personal Injury Attorney

An experienced Florida personal injury lawyer can help compile the evidence and advocate for you based on documented losses. There is no fee if we do not help you recover damages. Call The Law Offices of John D. Ameen, P.A. at 800-555-4011 to get started today.