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When you have an accident, you will have many damages, including pain and suffering. While you know how much money you need to cover medical bills, you may not know how much you can get for pain and suffering. While there is no specific answer, David I. Fuchs, Injury & Accident Lawyer, P.A. can help you understand the full value of your claim. Use our online contact form to reach out. We help personal injury victims in Boca Raton, Fort Lauderdale, and throughout South Florida.
What Is Pain and Suffering in Florida?
To understand how much you can get for pain and suffering, you should know what it is. Pain and suffering describe the physical pain and mental distress that an accident victim sustains after a car wreck or other personal injury incident.
There are two types of pain and suffering: physical and mental. Physical includes pain experienced immediately after the accident and during recovery. Rehabilitation can be excruciating. Physical pain also includes pain expected in the future, such as inability to perform physical activities that the claimant used to perform.
Mental pain and suffering include all of the negative emotions that occur as a result of the accident. That may consist of fear, anger, depression, embarrassment, and more. If you experience PTSD, it may also be included in an emotional distress claim.
How is Pain and Suffering Calculated in Florida?
Because pain and suffering are not directly related to a bill that you receive or money that you have to pay, it is hard to value. It is also hard to illustrate in court or to the insurance company.
Pain and suffering are types of noneconomic damage. This means that it is not directly connected to a monetary amount that you have lost like lost wages, which is an economic damage.
Florida recognizes pain and suffering as a “general damage.” You can bring forth many different forms of evidence to prove that you are experiencing this type of loss.
A variety of factors are considered when calculating pain and suffering, including:
- Severity of the injury
- Type of past and future medical treatment
- Length of recovery
- Prognosis
- Impact of the injury on your life
Attorney David I. Fuchs will utilize medical records, expert testimony, and personal statements from you, your friends, and your family to prove that you are experiencing significant pain and suffering.
Limits on Pain and Suffering Damages in Florida
While some states place damage caps on pain and suffering and related damages, Florida does not. You can get a significant amount of compensation for pain and suffering. In many cases, we will request up to the insurance policy’s limit for pain and suffering. Thus, you are only limited by the funds that are available.
Some insurance companies place a maximum value on pain and suffering by applying a multiplier on economic damages, such as medical bills, property damage, and lost wages. For example, they might offer you two times the amount of your economic damages for all of your non-economic damages. We will fight to get you the most amount possible, regardless of your insurance company’s limits.
Call Florida Personal Injury Attorney David I. Fuchs for Help with Your Pain and Suffering Claim
If you have experienced significant physical and mental pain after an accident, you deserve legal representation from an attorney who will make sure you get what you need. Contact attorney David I. Fuchs today by using our online contact form to reach out if you have been injured in an accident in Boca Raton, Fort Lauderdale, or anywhere in South Florida.
Written By David I. Fuchs
David I. Fuchs is a Fort Lauderdale personal injury attorney with over 36 years of experience and hands-on experience with more than 6,000 cases. He is the founder of David I. Fuchs, Injury & Accident Lawyer, P.A., and represents victims of car, truck, and motorcycle accidents with compassion and skill. David holds a J.D. from American University’s Washington College of Law and a B.A. from New York University.
