Evidence That Supports Claims for Pain and Suffering
Pain and suffering, a type of non-economic damage, can have a significant impact on an individual’s life following an FL accident injury. Unlike tangible costs such as hospital bills, pain and suffering compensates for emotional distress, physical pain, and the overall decline in quality of life.
There are several factors that influence these damages after an accident in Clearwater, Hudson, or Tampa. Knowing when to pursue non-economic damages can help injury victims make informed decisions about their case.
Reports, Evaluations, and Journals
Referring to the physical and emotional toll an injury takes on a victim, pain and suffering can include ongoing pain, the mental anguish of dealing with permanent injuries, loss of enjoyment in life, and even conditions like depression or anxiety that stem from the trauma. In Florida, compensation for pain and suffering is determined on a case-by-case basis.
Proving pain and suffering can be challenging because it’s not as straightforward as presenting a medical bill. That said, there is evidence that can greatly support your assertion that you have a right to compensation for non-economic losses.
- Medical records. Documenting the extent of your injuries, the treatments required, and the ongoing pain can help prove the severity of your suffering.
- Testimony from medical experts. A physician or specialist can provide insight into the long-term effects of your injury, including chronic pain or the need for future treatments.
- Personal journals. Keeping a journal detailing your daily pain, discomfort, and emotional struggles following the accident can be used to support your claim.
- Psychological evaluations. If you have developed anxiety, PTSD, or depression as a result of the accident, having a mental health professional assess and diagnose you can bolster your claim for emotional distress.
- Testimony from family or friends. People close to you may be able to attest to how the injury has impacted your mood, personality, or ability to enjoy life.
These forms of documentation can be used to illustrate how the injury has negatively affected your quality of life, making it clear to the court or insurance adjusters why you deserve compensation beyond just tangible costs.
When Non-Economic Damages Are Less Likely
For minor injuries that heal quickly or have minimal lasting effects, pursuing pain and suffering damages may not be worth it. If your injuries did not result in long-term pain, emotional distress, or significant lifestyle changes, it may make more sense to focus on recovering tangible losses, such as medical expenses, property damage, and wage loss.
An experienced personal injury lawyer can accurately value your claim. Calculating pain and suffering damages is not an exact science, and insurance companies may attempt to downplay your suffering. A Florida personal injury lawyer can push back against lowball offers and negotiate a settlement that reflects the true impact of your injuries.
How are you coping emotionally after a Florida accident injury? Non-economic damages can play a vital role in helping accident victims recover financially and personally. To have over 100 years of combined experience on your side, reach out to the legal team at Roman & Roman. 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.
