How Can Pain And Suffering Impact Your Florida Personal Injury Case?
If you sustained injuries in an accident because of another party’s negligence, you have the right to file a personal injury claim and recover compensation for your injuries and damages. Whether you were in a motor vehicle accident, slip and fall accident, or any other type of accident, you deserve to be compensated if another party is to blame for your injuries and damages.
On top of suffering physical injuries in your accident, you may have suffered invisible injuries, typically referred to as pain and suffering, that could impact your well-being and life. Usually, when people think of recovering compensation in a personal injury case, they think about recovering compensation for their physical injuries. They think about recovering compensation for the costs associated with their physical injuries. You should know that you also have the right to recover compensation for pain and suffering. Read on to learn how pain and suffering could impact your Florida personal injury case.
What Is Pain and Suffering?
Pain and suffering is a term used in personal injury cases to describe the invisible injuries that accident victims suffer that affect their ability to resume a normal life. The invisible injuries that accident victims suffer can leave a lasting impact. An invisible injury can make it impossible for a person to resume their normal life. Your injury could lead to physical pain and discomfort, which can last for weeks, months, or even years, making it impossible for you to resume your normal life.
Apart from physical pain, pain and suffering could include, among many others, the following;
- Mental anguish
- Fear
- Emotional distress
- Humiliation
- Anxiety
- Loss of enjoyment of life
- Shock
Whether you were in an auto accident, slip and fall accident, or any other type of accident, a qualified personal injury attorney can help you recover pain and suffering damages.
How Do Insurance Companies Calculate Pain and Suffering Damages?
Pain and suffering damages are referred to as non-economic damages. It can be hard to assign a dollar amount to non-economic damages. Usually, insurance companies determine the value of pain and suffering damages by considering several factors. Some of the factors insurance companies consider when determining the value of pain and suffering damages include;
- The extent of the injury and if it has caused long-term pain
- The victim’s life before the accident and if the injury may affect the victim’s activities, work, and hobbies moving forward
- The accident’s severity and the potential for emotional distress
- Medical records
- Witness statements
In addition to analyzing several factors, many insurance companies use the multiplier method to calculate pain and suffering damages. The multiplier method is an equation whereby you add up your economic damages and apply a multiplier to arrive at an approximate value. Multipliers range from 1 to 5.
The following are some factors that might result in a higher multiplier;
- A traumatic brain injury
- Scarring or permanent disfigurement
- Nerve and spine damage
- A large number of follow-up appointments
- Injuries that require a very long time to recover
- Permanent loss of use of one or more body parts or functions
- Injuries that result in you having to depend on other people
The following are some factors that might result in a lower multiplier;
- No visible scars
- Only a few medical visits are necessary
- Only a short period before you resume your normal life
- No permanent injuries
A qualified personal injury attorney can help ensure your pain and suffering damages are valued correctly. An attorney can help maximize the value of your pain and suffering damages.
How Can Pain and Suffering Damages Impact Your Florida Personal Injury Case?
Pain and suffering damages are an integral part of your personal injury case. So ensure you collect them. Because pain and suffering damages are subjective, it means you have the opportunity of recovering a substantial amount of money for them. Pain and suffering damages can highly impact the overall value of your personal injury claim. This is especially true in personal injury cases that go to trial. Juries have the freedom of choosing what would be a fair and reasonable figure to compensate an accident victim for pain and suffering. If your case goes to trial, your testimony about your struggle after your accident and other pieces of evidence can help you recover the settlement you deserve.
Contact a Fort Myers Personal Injury Attorney
If you suffered an injury in a Florida accident because of another party’s fault, do not hesitate to contact our Fort Myers personal injury attorneys at The Law Offices of Marc L. Shapiro, P.A. We can help you recover the compensation you deserve for pain and suffering damages and any other damages you may have suffered.