When a person files a personal injury lawsuit against a negligent party, they can seek recovery for tangible losses such as medical expenses and lost income. Non-economic damages, like pain and suffering, are also recoverable in Florida, but not without challenges.
Recovering damages for pain and suffering can be difficult in many personal injury cases in Florida. However, it can be a challenge to prove these intangible losses. On the other hand, these damages can often exceed the financial losses that a victim has suffered. It is important to have a knowledgeable attorney in Florida who can help you maximize your potential compensation. Not every personal injury case results in pain and suffering, which can impact your ability to file a lawsuit in the state.
For a free case assessment with our Ft. Lauderdale personal injury lawyers, contact the Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 751-4258 today.
How You Can Recover Damages for Pain and Suffering in Florida
In Florida, it is necessary to meet the state’s “serious injury” threshold in order to recover damages for pain and suffering. This is to avoid overwhelming the courts with minor car accident lawsuits. Sometimes, it is evident that an injury is serious, and the threshold is easily met. However, in other cases, it might not be apparent whether an injury is serious, and evidence must be provided to demonstrate its impact on the victim’s life.
To file a lawsuit in Florida for pain and suffering, you must prove that your injuries fall under one of the categories of “serious injuries” outlined in Florida Statute § 627.737(2). This statute allows you to pursue legal action if you have experienced significant and long-lasting loss of bodily functions or suffered a permanent injury. Additionally, death, significant scarring, and disfigurement can be considered serious injuries for the purpose of filing a lawsuit. It is important to keep in mind that insurance companies might argue that your injuries are not serious and try to get your case dismissed.
What Are Considered Pain and Suffering Damages in Florida Lawsuits?
Compensating pain and suffering caused by accidents and injuries can be a challenging task as these damages are not quantifiable or monetary. Individuals in Florida might have doubts about their eligibility to receive compensation for non-economic damages such as pain and suffering.
If you have been injured in an accident in Florida, think about the emotions you have experienced as a result. Have your injuries caused you to feel anxious, depressed, or stressed? Do you feel upset because your injuries have made it impossible for you to work, decreased your quality of life, or prevented you from spending time with loved ones and participating in activities you once enjoyed? If so, you are likely experiencing pain and suffering.
Despite being non-financial in nature, pain and suffering can be compensated in a personal injury lawsuit in Florida. Our Miami personal injury lawyers can evaluate the impact of your recent accident on your mental and emotional well-being and determine whether you are eligible to receive compensation for non-financial damages. In many cases, individuals who have experienced emotional difficulties due to an accident can recover compensation for pain and suffering in Florida.
Factors That Can Impact the Value of Your Pain and Suffering Damages in Florida
It is not usually possible to physically display pain and suffering as evidence in front of a jury. Instead, it must be described and explained. As these are highly personal experiences, our legal team must provide proof of your pain and suffering and attempt to elicit empathy from the jury. Several different factors might be taken into account when assessing damages for pain and suffering. These factors most commonly include the severity of the injury, the medical treatment required, the time it takes for recovery, and the impact on your daily life.
Severity of Your Injuries
If you have sustained an injury, it is important to consider its severity. A minor cut might heal quickly, while a traumatic brain injury might require lifelong care and rehabilitation. It is worth noting that the compensation for pain and suffering might be higher for more severe injuries.
Medical Treatments Required
Pain medication and rest might suffice for certain injuries, but others might necessitate surgeries, assistive devices, or modifications to the home. The greater the intensity and expense of your treatment plan, the greater the potential value of your claim.
Do you believe your injury will heal within a few weeks or months, or will it require several months or years to fully recover? It is worth noting that a lengthier recovery period typically results in greater compensation for any pain and suffering experienced.
Impact of Your Injuries
Compensation for pain and suffering might vary depending on the severity of the injury and its impact on the victim’s life. Those who sustain a disability from their injury and experience significant disruptions to their daily activities might receive a higher amount of compensation compared to those who can fully recover from their injuries.
How to Identify Pain and Suffering in a Florida Personal Injury Case
To understand how pain and suffering are calculated, it is important to understand that they are not visible injuries but are experiences felt by the plaintiff. While some instances of pain and suffering are more obvious because they naturally flow from the injuries, others might be less clear.
When it comes to injury cases, physical injuries can often lead to pain and suffering. This pain can be used as evidence in a lawsuit, as it is typically presumed and easily relatable to jurors. However, proving the extent of your pain and how it has impacted your life can be a challenging task. Pain is a unique experience for each person, with some individuals having a higher pain tolerance than others. Simply experiencing pain is not enough; we must also demonstrate how it has affected your daily activities. For example, if it has hindered your ability to perform tasks like cooking, bathing, or walking, a jury can better understand the extent of your pain and suffering.
Emotional and Mental Suffering
Compensation for pain and suffering should not only be limited to physical injuries, as mental or emotional distress can also be present. Emotional or mental suffering can be difficult to prove, as it is not visible and can be subjective, making it harder for juries to understand.
Additionally, mental health issues are often stigmatized, adding to the difficulty of establishing their impact. However, if you have received a diagnosis from a licensed mental health professional, this can be powerful evidence in your favor. We can present records of mental health diagnoses such as depression, anxiety, panic disorders, PTSD, and other conditions that might have resulted from your accident. Simply describing your mental distress can be helpful, but a professional diagnosis can be even more beneficial.
Our Florida Personal Injury Attorneys Can Help
Contact the Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 751-4258 for a free case review with our Palm Beach personal injury attorneys.