How Is Pain and Suffering Calculated in Florida?
Pain and suffering is calculated based on how the discomfort you suffered after an injury has affected your life. You should review your case’s facts with our attorneys to learn what compensation you could receive.
In each step of the process, you will find that the factors in a personal injury case are quite detailed. So, share as much information as you can and allow our lawyers to take the lead on this case.
What an Attorney Uses to Calculate Pain and Suffering in Florida
When our attorneys begin to calculate your pain and suffering, they typically use several factors, including:
- The severity of your injuries
- Limitations your injuries cause
- Future suffering that your injuries will cause
- Emotional distress you have because of your injuries
- Your age
- Pre-existing health conditions
If you a physician or mental health professional has not diagnosed you, you should make an appointment or allow us to refer you to a medical expert.
What Exactly Constitutes Pain and Suffering?
Pain and suffering is an umbrella term. It refers to the physical, mental, and emotional struggle you experienced after an accident. Because physical pain can affect everyone differently, you should document all the pain or discomfort you feel in a written or video journal. This includes emotional stress and mental trauma.
Headaches, stomachaches, joint pain, and chronic fatigue can all be claimed if you file suit for your injuries or losses. This could also include cuts, abrasions, scars, and burn marks that cause you pain. Also, you could have difficulty performing tasks or returning to work because of the emotional scarring you are experiencing.
- You may find it difficult to manipulate objects because of burns on your hands.
- You may have a particularly deep laceration on your leg that makes walking difficult.
- You might have trauma that makes it difficult to find peace or get to sleep.
All these injuries or more can become part of your personal injury lawsuit.
How Egregious Were the Defendant’s Actions?
When our attorneys review your case, they will also compare your pain and suffering to how the defendant behaved. You can share your experience with your attorneys, but we will also speak with eyewitnesses, review police reports, and videos.
How Has Your Quality of Life Diminished?
Part of your personal injury lawsuit should explain how your quality of life has diminished. Nothing is too small when you explain the suffering you are experiencing after an accident. If you cannot play with your children, sleep, enjoy certain activities, or remain as active as you prefer, your life has changed significantly.
Any of the following items speak to a diminished quality of life due to pain and suffering:
- Inability to rest
- Inability to climb stairs
- Inability to walk long distances without pain or feeling shortness of breath
- Lack of fine or gross motor skills needed to work or enjoy activities
- Inability to travel
- Inability to drive or otherwise commute
Are You Unable to Work?
If you are unable to work, your pain and suffering causes a loss of income. While lost income or lost income potential are separate in a personal injury lawsuit, remember to tell your attorney about any work issues you are having.
What Is Loss of Consortium?
Your injuries might cause a loss of consortium that will dramatically alter your life and lifestyle. Your injuries could make you lose friendships or even relationships. If you are left without someone to care for you or feel your injuries have isolated you, you should share these feelings with our legal team.
Additionally, loss of consortium could amount to a loss of help from parents, siblings, or even members of the community, such as your pastor, a therapist, or a life coach. While it feels vulnerable to share these things, you must be completely transparent with your attorney so that they can properly calculate your pain and suffering.
Tell Your Story
Tell your story as soon as possible. Accident victims – such as yourself – might want to wait for the injuries to heal, only reaching out to our lawyers when the pain becomes unbearable or simply does not go away. Remember, you have a limited time to file a lawsuit in Florida under the statute of limitations.
Sharing your story with one of our attorneys allows you time to work with experts who can bolster your case. We will help you speak with medical professionals to better explain your pain and suffering. We will carefully document your pain and suffering so that it is clear to the defendant, and the court, that your quality of life has diminished.
Call Distasio Law Firm to Learn More Today
Accident victims deserve to recover more than just their financial losses. They deserve the means to heal their entire body and mind. If you want to know more about pain and suffering, calculating the losses you have suffered, and how we can help with your personal injury case, contact us today.
We can go over your case in a free consultation and make you aware of your options moving forward.