Calculating Pain and Suffering
When someone is injured as a result of another person’s negligence, he or she may be able to collect compensation from the at-fault party, which includes easily calculable costs, such as medical expenses. However, in severe cases, courts may also seek to compensate a plaintiff for losses that are more difficult to calculate by awarding non-economic damages, such as the pain and suffering endured as a result of the accident.
What is Pain and Suffering?
Pain and suffering is a legal term that is used to describe the physical pain, emotional injuries, and mental burdens that injured parties suffer as a result of an accident. For example, pain and suffering damages often include compensation for:
- Emotional distress;
- Disfigurement;
- Physical impairment;
- Loss of companionship;
- Mental anguish;
- Fear;
- Insomnia; and
- Anxiety.
For minor injuries, a plaintiff may only be compensated for the inconvenience he or she experienced as a result of the accident and related injury. Those who sustain major injuries, on the other hand, may be awarded an amount that is intended to compensate the plaintiff not only for inconvenience, but also for the physical agony he or she was forced to endure.
How is Pain and Suffering Calculated?
How much an injured party receives for pain and suffering depends on a number of factors, including:
- The severity of the victim’s injuries;
- The pain associated with the type of injury sustained by the plaintiff;
- How the injuries have impacted the plaintiff’s life, employment, or relationships;
- The kinds and amount of medical treatment that the injuries require;
- The amount of time it will take for the injuries to heal;
- Whether the injuries result in permanent disability or disfigurement;
- Whether the injured party will require future medical care;
- The age and general health of the plaintiff before the accident in comparison to his or her condition after the injury;
- Whether the accident aggravated pre-existing health issues; and
- Whether drugs or medical treatments can help relieve the plaintiff’s pain.
These factors are then used to calculate the injured party’s past and future losses in terms of his or her pain and suffering. Whether an injured party is negotiating with an insurer or presenting his or her case before a jury, it is critical that he or she have access to convincing evidence, which could include:
- Medical records detailing the extent, nature, and severity of the plaintiff’s injuries;
- Witness statements that can help establish the full scope of the injured party’s pain; and
- Expert testimony that can verify the severity of the injuries and explain the injured party’s symptoms, treatment, and prognosis.
Collecting this type of evidence is crucial to the success of a case, so if you sustained a serious injury in an accident, please call today for a free evaluation of your case.
Schedule a Consultation With an Experienced Personal Injury Attorney Today
Please contact Boone & Davis in Fort Lauderdale by calling 954-566-9919 or by initiating a live chat with a member of our dedicated legal team to learn more about collecting compensation for your own accident-related injuries. We are prepared to help you throughout each step of your case.
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.737.html
