If you’ve been involved in a car accident due to someone else’s negligence, you may be able to seek compensation for the pain and suffering that you have sustained. Pain and suffering can include both physical injuries as well as mental trauma that you have experienced as a result of your accident. Although it is common for accident victims to suffer physically and mentally after an accident, it can be difficult to calculate how much you may be owed because of it. An experienced personal injury attorney will be able to calculate how much you may be entitled to due to the pain and suffering you have endured after your accident and fight so that you can receive the compensation that you deserve.
At The Law Place, our personal injury lawyers have 75 years of combined experience in Florida law and have recovered damages for pain and suffering for thousands of clients. Proving that a client has suffered pain and suffering as a result of their accident and calculating it as a monetary value can be challenging, but that’s where we come in. Our law firm has dealt with a wide range of personal injury claims and has an impressive track record when it comes to calculating and winning the compensation that our clients deserve. A personal injury attorney at our law firm will calculate exactly how much you could receive and gather the necessary evidence to prove that you have experienced pain and suffering due to your car accident.
If you or a loved one has been involved in a personal injury accident, contact our law firm today. You’ll receive a free consultation with no strings attached and have the chance to discuss your case with an experienced accident attorney. Our phone lines are open all day, every day, so there will always be someone available to deal with your claim. Call us at (941) 444-4444 to schedule your free consultation with a personal injury lawyer today!
What Is Pain and Suffering Compensation?
Pain and suffering involve both physical and mental distress that is compensable as damages. This means that an accident victim can recover compensation for bodily injuries as well as trauma that they have suffered from due to their accident. Physical injuries, including broken bones, cuts, and burns, can be claimed as pain and suffering. What’s more, psychological distress, including anxiety, depression, and stress directly caused by the car accident, can be claimed as damages under pain and suffering too. If the accident victim has experienced a substantial reduction in the quality of life due to their accident, then this could be deemed compensable with the help of an attorney.
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Common Physical Injuries and Emotional Trauma Sustained After a Car Accident
Unfortunately, victims usually suffer from both physical and mental injuries and trauma after a car crash. Common physical injuries and emotional trauma that car accident victims suffer from include:
- Broken bones.
- Soft tissue injuries.
- Traumatic brain injury.
- Internal bleeding.
- Internal organ damage.
- Cuts, bruises, and burns.
- Back and neck pain.
- Post-traumatic stress.
How Is Pain and Suffering Proven?
Proving that an accident victim has suffered from pain and suffering is crucial to receive compensation. This can sometimes be challenging. However, with the help and guidance of an experienced attorney, proving that a client has endured pain and suffering is possible. Your lawyer will gather records, including hospital bills, collect witness statements from people who saw the car accident happen, and prove how your quality of life has worsened since the collision.
Evidence that can be used to support your pain and suffering claim include:
- Medical evaluation – Doctor’s records and psychological assessments can prove that you have suffered physically and/or mentally as a result of your accident.
- Claimant’s testimony – If a client can no longer carry out an activity that they once enjoyed before the accident, this can be used as evidence of a reduction in quality of life. For example, if a client is no longer able to partake in a sport due to the injuries sustained from an accident, this can be clear evidence of how the collision has negatively impacted the claimant’s life.
- Testimony of the claimant’s loved ones – The family and close friends of the claimant may also share how the accident has negatively affected theirs and the victim’s life. For example, if the claimant can no longer provide support or guidance to their loved ones due to their accident, this can be used as evidence in pain and suffering claims.
- Prescription history – The medical history and prescribed medication of the claimant can be used as evidence in a personal injury claim. For example, the prescription of antidepressants or medication to help sufferers of insomnia can be used as proof of the pain and suffering inflicted after an accident.
Normally, an attorney will review the injuries sustained and discuss how the client’s life has changed due to the accident. Using this evidence can significantly strengthen a car accident injury claim and prove that the victim has experienced pain and suffering after their accident.
How Is Pain and Suffering Compensation Measured?
As pain and suffering damages are not always economic damages like medical expenses or lost wages, it can be difficult to calculate them. That’s why pain and suffering damages are calculated on a case-by-case basis as they are specific to each individual claim. Factors that help to determine how much a person may be owed for pain and suffering include:
- The severity of the injury or injuries sustained.
- The recovery time.
- The long-term impact of the injuries sustained.
- The age and general health of the claimant.
In order to calculate pain and suffering damages, law firms often use a multiplier method. An attorney will calculate the economic damages such as hospital bills and lost wages and then multiply this using a number between 1 and 5 depending on the severity of the pain and suffering inflicted on the victim. For example, if the medical treatment for a bodily injury such as a broken bone costs $1,000, the attorney can decide to multiply this (by a number between 1 and 5) based on the pain and suffering the client has endured. In this case, the attorney could decide that the pain and suffering that their client has suffered is medium and therefore multiply the cost of medical treatment by 3, making the damages awarded $3,000.
Per Diem Method
The per diem method involves paying victims of accidents a certain amount each day until a doctor believes they have fully recovered from their accident. The amount of compensation a client receives each day depends on the pain and suffering they have experienced and how much an attorney believes is a fair amount. Some settlements are agreed at $100 per day until the day of the victim’s full recovery. For example, using this rate, if a victim of a car accident takes 160 days to fully recover from their pain and suffering, then they may be awarded $16,000 in total.
If you are currently unable to work due to the injuries you have sustained, an attorney may calculate how much you have lost in income per day and apply the per diem method in order to calculate how much you may be owed in compensation. For example, if a claimant normally earned $150 a day before the accident and was then left unable to work for 90 days, they could be awarded $13,500.
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Economic vs. Non-Economic Damages
After getting injured in a car accident, some damages are easy to calculate, known as economic damages, while others, such as pain and suffering, are not so simple to put as a monetary value.
Economic damages include:
- Medical bills – Medical care can be very expensive, particularly when treating injuries sustained from a car accident. Treatment, including surgery, therapy, and medication, can cause huge financial stress on the victims of personal injury accidents. An attorney can review medical bills as well as medical records in order to calculate how much you can recover after receiving medical care.
- Lost wages – Injuries can cause people to be unable to work, which can cause financial issues for victims and their families. A lawyer can help you calculate and recover past, present, and future losses of income.
- Property damage – If your property, including your vehicle, has been damaged due to your accident, you may be able to claim compensation for this. Costs to repair and replace damaged property are often high, so recovering compensation for these expenses is crucial.
- Funeral costs – If you have lost a loved one due to a car accident, you are entitled to claim compensation to cover funeral expenses, as per Florida Statute 768.21.
Non-economic damages include:
- Decrease in quality of life – If the injuries you have sustained have had a detrimental effect on your day-to-day life, you can claim compensation.
- Loss of consortium – When the victim’s family is deprived of love, support, guidance, and affection, they may be able to claim compensation.
- Emotional distress – Emotional pain and mental anguish, including depression, anxiety, and stress, are often common consequences of a car accident.
It is much easier to determine the actual damages that can be claimed for a physically injured victim of a car accident. However, a top attorney will be able to also seek compensation for their non-economic damages, which often have a huge impact on a claimant’s life. Call us today to schedule a free consultation and find out which damages you may be able to claim.
Is There a Cap on the Amount of Compensation I Could Receive for a Pain and Suffering Claim?
Any accident involving a vehicle can have life-long consequences for the people involved. Unfortunately, some car accidents can be devastating for victims and require a large amount of compensation in order to cover the damages sustained as a result. Florida does not have a limit on how much can be claimed in a personal injury case. However, it is important to note that the State of Florida operates a comparative negligence law, as per Florida Statute 768.81. This means that more than one party can be held liable for an accident, and compensation can be reduced depending on how much liability a party is found to have. For example, if it is determined that a party was 30% responsible for the accident, then their final settlement will be reduced by 30%. You will be able to receive compensation as long as your liability does not exceed 50%.
Agreeing to a Personal Injury Settlement With an Insurance Company
Once your attorney sends a demand letter to the insurance company involved in the case, the insurance adjuster will decide how much to pay out of the pain and suffering damages claimed. Insurance companies hardly ever pay out the full sum initially and instead offer an amount significantly less than what was asked for. For this reason, hiring experienced legal representation is crucial to obtain the maximum amount of compensation possible for your case. Insurance companies often attempt to challenge pain and suffering claims by negating the claimant’s testimonies and claiming that medical treatments that the claimant received were unnecessary, for example. An attorney will lead negotiations with insurance companies and ensure that the final settlement is fair. If negotiations with the insurance company are unsuccessful, we won’t hesitate to take the case to court.
How Much Will a Personal Injury Lawyer at The Law Place Cost?
At The Law Place, we believe that everyone has the right to seek compensation for pain and suffering damages regardless of their economic situation. Therefore, we work on a contingency basis, so you won’t have to pay for professional legal representation. That is, if our legal team is successful in winning your case, you will only be charged a percentage of the final settlement to cover legal fees. If we are unsuccessful, you won’t be charged at all. We work on a no-win-no-fee basis as monitored by The State Bar Association in order to ensure the utmost quality of service and fairness.
We also offer a free case evaluation service that allows our prospective clients to discuss their case with an experienced personal injury attorney. During your free consultation, a member of our legal team will determine if your case is strong enough to be won and calculate how much money you could receive based on the damages you have sustained. With the guidance of our team of accident attorneys, you may be able to receive the highest amount of financial compensation possible for your car accident.
Contact The Law Place
If you have suffered from injuries both physical and mental, you may be able to claim pain and suffering damages. At The Law Place, we have ample experience with personal injury cases and know exactly how to recover pain and suffering damages for our clients. Our legal team is well-versed in calculating pain and suffering claims and fighting to ensure that our clients get the best compensation possible. We understand that the legal process can seem daunting for our clients, which is why we take on all the paperwork, documentation, and negotiations related to your case so that you can focus on recovering from your accident.
We offer useful legal advice and lead negotiations with insurance companies so that you don’t have to worry about the complexities of the Florida legal system. Our lawyers will analyze medical records and review your quality of life before and after the accident in order to ensure that no stone is left unturned when it comes to seeking compensation. At The Law Place, we believe that consistent and honest communication between our law firm and our clients is incredibly important. Therefore, we strive to keep our clients updated on their case and update them whenever necessary.
Call our law office today for a free consultation with a top Florida attorney to see how much compensation you may be entitled to. Our phone lines are open 24/7, so you can contact us whenever you want at (941) 444-4444.