Navigating a personal injury claim in Florida can be complex, especially when it comes to calculating “pain and suffering” damages. Unlike medical bills or lost wages, pain and suffering are intangible and subjective. Understanding how these damages are calculated in Florida, helps you make a more informed decisions about your case.
What Is Pain and Suffering?
Pain and suffering comprise both physical and emotional distress resulting from an injury. It extends beyond immediate physical pain to include long-term emotional and psychological impacts.
Physical Pain and Suffering
Chronic Pain: Prolonged discomfort affecting daily life.
Physical Limitations: Hindered abilities impacting your future.
Disfigurement: Scars, burns, or amputations.
Emotional Pain and Suffering
Mental Anguish: Anxiety, depression, and PTSD.
Life Disruptions: Altered daily routine and relationships.
Linking Pain and Suffering to the Injury
Solid evidence is crucial for substantiating your claim. Ensure medical records, testimonies, and other documents consistently reflect the extent of your physical and emotional suffering.
Florida commonly uses the Multiplier Method, where your economic damages are multiplied by a specific factor based on the severity of your pain and suffering.
Economic Damages
Multiplier
Pain & Suffering Damages
$20,000
x 3
$60,000
$10,000
x 2
$20,000
Factors influencing the multiplier include:
Injury severity
Duration of recovery
Disruption in daily life
Per Diem Approach
Alternatively, a daily rate is assigned to your suffering, multiplied by the days you are expected to recover.
Daily Rate
Recovery Time
Pain & Suffering Damages
$200
90 days
$18,000
Factors here include:
Daily pain severity
Impact on routine activities
Factors Influencing Calculation
Severity and Type of Injury: Ranges from minor to traumatic.
Age: Younger victims may receive higher compensation.
Credibility: Consistency in your claims and records.
Medical Support: Strong medical evidence is key.
Legal Considerations in Florida
Damage Caps: Florida has removed many damage caps except in specific cases.
Comparative Negligence: Florida’s rule can reduce your claim if you’re partially at fault.
Expert Testimony Role
Experts like medical professionals and psychologists validate your claims, strengthening your case.
Multiplier Method or Per Diem Approach, based on various factors.
Is expert testimony crucial?
Yes, it adds credibility to your claims.
Are there damage caps in Florida?
In most cases, no.
What’s the next step?
Compile evidence and consult a personal injury law firm like Elstein Legal to evaluate your claim and navigate the complexities of Florida law.
If you believe you have a valid pain and suffering claim, Elstein Legal is ready to help. With specialized expertise in Florida personal injury law, we can accurately assess your claim and advocate for the compensation you deserve. Contact us immediately for a free consultation to secure your future.
Why Choose Elstein Legal to Represent your Case?
Since opening Elstein Legal in 2018, Miami personal injury attorney Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.
Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022-2023 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by Expertise.com.
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August 2023
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