Most people know that if they’re injured in an accident caused by someone else’s negligent or harmful actions, they may be able to sue for damages. However, not many know that among these damages victims can recover are pain and suffering. While medical bills, lost wages, and property damage are all physical damages that can easily be accounted for in terms of expenses, pain and suffering also deserves to be compensated for. Known as noneconomic damages, these injuries are often unseen and can include conditions like depression, insomnia, and the loss of enjoyment in life.
Pain and suffering is generally broken down into two categories: physical and mental pain. Victims can suffer from one or the other, or both at the same time. Physical pain refers to the complications you have following your injuries, including setbacks you’re facing from not being able to return to certain routines and activities. Mental pain and suffering can include negative emotions and feelings that follow injuries, including anxiety and fear.
How is Pain & Suffering Measured in Florida?
Determining how much compensation victims are entitled to for pain and suffering is difficult because physical and mental pain is a subjective experience that is different for each individual depending on their accident and injuries.
Some examples of factors that Florida courts take into account when determining pain and suffering damages include:
Amount of economic loss suffered
Age of injured person
Severity of injuries
Potential for ongoing consequences
Whether the injured person had preexisting conditions
Some states put limits on the amount of compensation individuals can recover for pain and suffering. While Florida has no such cap for most personal injury claims, they do have a $500,000 limit for medical malpractice claims.
Florida’s Comparative Negligence & No-Fault Rules
Some states impose a comparative negligence rule on personal injury cases, including Florida. This rule reduces damages in proportion to the amount of negligence that can be attributed to the person filing the claim. For example, if the injured individual is found to have been 20% responsible for the accident that caused their injuries, the amount of compensation they can recover for their pain and suffering, among other damages, will be reduced by 20%.
Additionally, Florida has a “no-fault” rule for injury cases, meaning that insurance companies cover certain damages regardless of who was at fault and can sometimes prevent victims from filing lawsuits for pain and suffering damages. This is just one of many reasons why it’s important to hire a personal injury attorney. An experienced lawyer can help you determine ways you can pursue compensation for pain and suffering.
Trial Lawyers Who Care
The personal injury attorneys at Frohlich, Gordon & Beason, P.A., have years of experience successfully handling injury cases. We’ve recovered both economic and non-economic damages for our clients, including medical bills like ambulance rides, hospital stays, surgeries, and medications, lost wages and earning capacity, property damage, and pain and suffering. Whether you were injured in a car accident, work accident, or by a defective product, our team understands that physical and mental trauma is incredibly painful and challenging to recover from. We pursue justice for our clients because we genuinely want to see them move on to a brighter and healthier future.
Call (941) 979-9010 or contact us online for dedicated service from a team of experienced trial attorneys. Frohlich, Gordon & Beason, P.A. can help you heal from injuries and take your next steps toward recovery.