When filing a car accident claim, the claimant may be entitled to claim damages, including medical bills, lost wages, and pain and suffering. Pain and suffering damages are awarded to car accident victims who have suffered from physical pain and mental trauma as a result of their accident. Before filing a claim, it’s highly recommended to hire an experienced personal injury attorney. By having a car accident lawyer fighting your corner, you can rest assured that your case is in qualified hands and that you have the best chances to get the compensation that you deserve.
At The Law Place, our personal injury lawyers have 75 years of combined experience in personal injury law, and most of our lawyers have the highest AVVO rating of 10.0, so we have the expertise and knowledge required to ensure our clients get the best outcome for their case. During your free consultation, one of our experienced personal injury attorneys can explain in detail the legalities surrounding your case and determine whether or not you are eligible to file a pain and suffering claim.
Filing a personal injury claim soon after your car accident increases the likelihood of receiving the compensation that you deserve. Our phone lines are always open, so don’t hesitate to contact us as soon as possible! Call us at (941) 444-4444 to schedule a free case evaluation today.
What Are Pain and Suffering Damages?
Pain and suffering damages are non-economic damages that an accident victim can claim if they have experienced physical pain or emotional trauma after their accident. Economic damages, including medical bills and loss of income, can be calculated by reviewing medical records and payslips, while pain and suffering damages are non-economic damages that can be more difficult to calculate.
Types of Pain and Suffering Damages
Pain and suffering damages can be divided into two types: physical and emotional. Physical pain and suffering are usually caused by injuries, such as:
- Broken bones.
- Soft tissue injury.
- Road rash.
- Internal bleeding.
- Spinal cord injuries.
- Traumatic brain injury (TBI).
Emotional pain and suffering usually include mental anguish and trauma that were sustained as a result of an injury. Examples of emotional pain and suffering are:
How Are Pain and Suffering Damages Calculated?
When seeking compensation for a car accident, it’s important to find personal injury lawyers that can calculate pain and suffering damages properly. An inexperienced lawyer may be reluctant to seek compensation for pain and suffering damages as they are usually difficult to calculate and prove. Therefore, hiring an experienced lawyer to file your insurance claim is essential.
An experienced car accident attorney can calculate how much you may be entitled to claim for pain and suffering damages and fight so that you receive the compensation that you deserve. Our lawyers usually use one of two methods to calculate how much money a claimant may be entitled to:
This is the most common method of calculating pain and suffering claims. Your attorney will add up the total amount of compensation you may be entitled to for other damages and then multiply this amount by a number between 1 and 5. The number that the amount will be multiplied by normally depends on the severity of the injuries you may have sustained in addition to other damages you may have incurred.
The more serious the injuries sustained are, the higher the multiplier number will be. For example, if you are awarded $5,000 in other damages, and the multiplier number is set at 4 for pain and suffering damages, then you may be entitled to claim $20,000 in total.
An attorney must be able to justify the multiplier number by providing sufficient proof of the seriousness of the injuries as well as other damages that the claimant has sustained. An insurance company will fight tirelessly to dispute your claim, especially if the multiplier number is high. Therefore, it’s important to have an experienced attorney that knows how to build a strong case with ample evidence in order to get the highest possible compensation for your insurance claim.
Per Diem Method
The per diem method can also be used to calculate how much an individual may be entitled to receive in compensation for their pain and suffering after a car accident. The per diem method involves assigning an amount of money to each day you have suffered due to your injuries from the date of the accident until the day of recovery. The amount of money you could receive daily may depend on the wages that the claimant would usually earn per day, in addition to the seriousness of the injuries sustained. For example, if the claimant usually earns $100 per day and it takes 50 days to fully recover from the accident, the individual may be awarded $5,000 in pain and suffering compensation. A licensed medical professional will perform a full physical examination on the claimant and may carry out multiple tests in order to determine whether they have fully recovered from their injuries or not.
How Is a Pain and Suffering Claim Proven After a Car Accident?
Your attorney must prove that you have experienced physical pain and/or mental suffering in order to claim compensation. Evidence that can be used to prove pain and suffering include:
- Medical records – Your medical records and doctor’s notes can be used as proof that you have experienced pain and suffering as a result of your car accident. Medical bills can also be used as valuable evidence of these damages. The documentation provided by a therapist or psychologist can also be used as proof of the state of your mental health after your car accident.
- Photographic evidence – Photographs of your physical injuries are proof that you sustained these injuries. We recommend taking photographs of any injuries you have sustained soon after your accident before the injuries heal.
- Claimant’s testimony – A claimant may be given the opportunity to explain in detail how their life has been affected as a result of their car accident. For example, if you are no longer able to sleep properly due to the emotional distress caused by your car accident, you can report this to your insurance company. Your lawyer can prove the physiological distress you have endured after your car accident by gathering medical records provided by a mental health professional.
- Prescription history – Car accident victims are often prescribed medication to relieve their pain after their accident. Other medications, including anti-depressants, can also be used to prove the mental and physical pain that you may have experienced after your accident.
Other Damages You May Be Able to Claim After a Car Accident
You may be entitled to claim other damages as well as pain and suffering if you’ve been involved in a car accident. Damages you may be able to claim include:
- Medical bills – If you have received medical treatment after your accident, you may be entitled to claim compensation to cover these costs.
- Lost wages – Financial losses incurred as a result of a car accident may be reimbursed with the help of your attorney.
- Property damage – If your property was damaged due to your car accident, you might be able to claim compensation to cover repair bills or the costs to replace the property.
- Wrongful death – If you’ve lost a loved one in a car accident, you may be entitled to seek compensation under Florida Statute 768.21.
Dealing With Insurance Companies in Florida
Florida is a no-fault state, as per Florida Statute 627.7407. This means that you’ll have to file your claim with your own insurance company first, even if you weren’t at fault. You may be able to file a claim with the other driver’s insurance company if the damages you have incurred exceed your own insurance coverage limit.
According to Florida Statute 627.736, every driver in Florida is required to have a minimum of $10,000 in personal protection insurance (PIP) as well as $10,000 in liability insurance.
It’s important for claimants to know that their PIP insurance policy usually only covers up to 80% of their medical bills and 60% of their lost income. A lawyer at our law firm can provide legal advice on your insurance policies and file a claim against the at-fault driver if your insurance policy doesn’t fully cover the expenses you have incurred.
Comparative Negligence Laws in Florida
Under Florida Statute 768.81, multiple parties can be found liable for a car accident. Multiple parties being held liable for an accident can affect the amount of compensation a claimant can receive for pain and suffering as well as other damages.
The total settlement a claimant may receive depends on if they are found partially liable for their accident. If an insurance adjuster finds the claimant to be 20% at fault for an accident, then their car accident settlement may be reduced by 20%. In other words, the claimant will only receive 80% of the final total settlement.
An attorney at The Law Place will ensure that your case is strong enough so that your car insurance company is unable to dispute your claim by finding you partially responsible for the accident. Our attorneys have ample experience dealing with car accident cases, so we know how to ensure that you get the compensation that you deserve for your physical injuries as well as the mental anguish that you have endured.
Contact The Law Place Today
During your free consultation, your lawyer will calculate how much compensation you may be entitled to in pain and suffering damages. At The Law Place, our attorneys will deal with all the paperwork, gather the necessary evidence, and lead negotiations with insurance companies involved in your car accident case to ensure that you get the best outcome for your claim.
Our team of legal professionals understands how devastating a car accident can be on the victims involved. A car accident can cause victims to sustain life-changing physical injuries as well as physiological trauma that can last a lifetime. Fortunately, we know how to navigate the Florida legal system to ensure we can recover compensation for our clients and their claims.
Our phone lines are open 24/7! Call us at (941) 444-4444 to schedule your free consultation with one of our top attorneys today.