Defining Pain and Suffering Damages
When someone is injured due to another’s negligence, the legal system offers a pathway to seek compensation for both physical and emotional harm. For instance, pain and suffering damages go beyond the measurable financial losses like medical bills and lost wages, addressing the broader and often less tangible impact an injury can have on a person’s life.
To understand your rights after an accident injury in Clearwater, Hudson, or Tampa, connect with an experienced lawyer.
How Are Pain and Suffering Damages Calculated?
Pain and suffering losses are a type of non-economic compensation. In Clearwater, and throughout Florida, courts recognize that injuries can lead to ongoing physical discomfort, emotional trauma, anxiety, depression, and other mental health challenges, all of which deserve compensation.
Examples of pain and suffering:
- Chronic pain from injuries
- Emotional trauma or mental anguish, including anxiety or depression
- Loss of enjoyment of life, such as being unable to engage in social activities
- Scarring or permanent disfigurement
While the concept of pain and suffering damages is well established, calculating them is more complex. Unlike economic damages that come with receipts and bills, pain and suffering are subjective. Different methods are used to determine how much an injured person should receive for their non-economic losses.
One common way to calculate pain and suffering is the multiplier method. In this approach, the total of a person’s economic damages is multiplied by a number, depending on the severity of the injury. For example, if someone incurs $50,000 in economic damages and their injuries are deemed severe, the court or insurance adjuster might apply a multiplier of 3, leading to a pain and suffering award of $150,000.
Another way pain and suffering can be calculated is the per diem method. This method assigns a daily dollar value to the pain and suffering and multiplies it by the number of days the victim is expected to experience pain or hardship from the injury. So, if the assigned daily amount is $200 and the person experiences pain for 300 days, the pain and suffering award would be $60,000.
What Factors Influence an Award?
Many factors affect the calculation of pain and suffering damages. Severity of an injury will be part of the process, the more serious the injury, the higher the potential compensation. Also, if an injury results in long-term damage, this increases the amount awarded. And injuries that significantly affect a person’s ability to enjoy life, such as losing the ability to engage in hobbies, can result in a higher pain and suffering award.
Since pain and suffering damages are subjective and often contested, having a knowledgeable Florida personal injury lawyer is advised. A skilled attorney will help you document your suffering, negotiate with insurance companies, and present a compelling case to secure fair compensation.
Are you in a position where you believe you have a right to compensation for pain and suffering? Talk to the attorneys at Roman & Roman, lawyers with over 100 years of combined experience. To achieve the best possible outcome, schedule a confidential consultation today.
Although the law firm of Roman & Roman has offices in Clearwater, Hudson and Tampa, we handle cases and claims throughout Florida. We also meet personally with our clients if at all possible, rather than impersonally over the phone or on the Internet.
