Fort Lauderdale Criminal Defense & Personal Injury Attorneys
How Pain and Suffering Damages Are Calculated

How Pain and Suffering Damages Are Calculated

Calculating medical bills and lost wages seems like a no-brainer. However, it’s difficult to put a price on emotional trauma and mental recovery. How do the courts decide what your pain and suffering is worth?

 

In personal injury claims, pain and suffering is considered part of general damages and are non-economic (intangible costs that are harder to put a set price on). There are two types of pain and suffering recognized by the court:

 
  • Physical: ongoing pain since the injury was sustained, physical pain of rehabilitation, lifelong debilitation, inability to perform certain activities

  • Mental: pain, fear, humiliation, loss of enjoyment of life, depression or any sort of mental injuries resulting from the accident

Calculating Non-Economic Damages

Every accident and personal injury case is different, so it can be difficult to put an exact number on the amount of compensation that an injury victim deserves for pain and suffering. Some factors that may be taken into consideration when determining these damages include:

 
  1. The severity of the injury

  2. The type of medical treatment needed

  3. Length of recovery

  4. Prognosis for the future

  5. Impact on the injury victim’s life

 

Some courts are wary of pain and suffering claims because they can seem easy to play off of or embellish. However, your personal injury attorney will be able to gather the evidence that is necessary to prove in court what you have endured and why you are entitled to compensation for it. Evidence your attorney may bring forth includes:

 
  • An opinion from a mental health professional as to your state of mind and whether your pain and suffering is sufficient enough for compensation

  • Your own testimony discussing your day-to-day suffering and how your life as been impacted

  • A prescription history (if you were prescribed any medication for pain, depression, or anxiety)

  • Testimony from your spouse or family explaining how the injury has impacted you and others

Is There a Cap on Non-Economic Damages?

Some states put a limit on the maximum amount that a person can be awarded for non-economic damages. In Florida, however, there is no cap on the amount of compensation you may receive for your pain and suffering. This means that the court may award you what they see as fair for the emotional anguish that you have endured.

Turn to Rudenberg & Associates

We understand that emotional scars can last far longer than physical ones. If you were involved in an accident caused by another’s negligence, you deserve compensation for the pain and suffering you have endured. Our attorneys are committed to holding responsible parties accountable for their actions so you receive what you need to heal.

 

Whatever the circumstances of your accident, we will always have your back. Contact Rudenberg & Associates at (954) 543-1788 for help pursuing your personal injury case.


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Our Victories

  • Not Guilty, Acquitted at Trial Aggravated Battery with a Deadly Weapon

    Outcome: Client was alleged to have used his vehicle to strike victim, and there was video of the incident which could have been interpreted to actually show the crime. The state was offering significant prison time before trial. By meticulous planning and strategic cross-examination to expose the motives and fabrications by the alleged victim, and an eyewitness in support of the alleged victim, Rudenberg & Glasser convinced a jury to acquit the client and avoid a mandatory long prison sentence.

  • Domestic Violence
    Outcome: Rudenberg & Glasser went to trial and were able to show during cross-examination that the alleged victim was the aggressor and that the client acted in self-defense. The jury returned a not guilty verdict almost immediately following trial.
  • Domestic Violence With 911 Call and Pictures
    Outcome: Rudenberg & Glasser took the case to trial after fleshing out inconsistencies in the alleged victim's account. The jury returned a verdict of not guilty and the client's unblemished record was preserved.
  • False Arrest

    Outcome: Attorney Glasser was able to show with video footage that his client did not commit the alleged offense and furthermore, the police officer who ordered his arrest was negligent in his investigation and improperly supervised.

    Read more about this story on the Sun Sentinel.

  • Probation Only Federal Conspiracy to Commit Mail & Wire Fraud

    Outcome: Through compelling sentencing memorandum and passionate oral argument, Rudenberg & Glasser were able to convince the federal court judge to sentence their client to treatment for substance abuse, and no incarceration, even though the client had a lengthy criminal history and the Government was seeking prison time.

  • Felony DUI: Client was in an Accident and Left the Scene
    Outcome: Rudenberg & Glasser filed a compelling motion to suppress evidence based on law enforcement's actions during the investigation. Rudenberg & Glasser were able to persuade the prosecutor prior to the motion to suppress hearing that the charge should be broken down from a felony to a misdemeanor and the client was offered probation instead of the previously sought prison sentence.
  • Final Injunction Hearing
    Outcome: Client desperately needed to avoid a final injunction on his record. Rudenberg & Glasser defended him at the hearing and proved that the Petitioner was not in fear for her safety. The judge dismissed the injunction.
  • First-Degree Misdemeanor: Resisting Police Officer Without Violence
    Outcome: Mr. Rudenberg presented evidence that the police officer’s version of events was not credible, and that accusations were made to justify excessive use of force by police officer. Jury returned a verdict of not guilty in less than five minutes.
  • First-Degree Misdemeanors: DUI & Possession of Cannabis
    Outcome: Mr. Rudenberg won a motion arguing the DUI checkpoint was conducted in violation of the Fourth Amendment, and the Judge entered an order suppressing all evidence. Case was dropped by the State, and client avoided a mandatory conviction for DUI, as well as mandatory fines and license suspensions.
  • $250,000 Pre-Trial Personal Injury

    Outcome: Client was injured by a malfunctioning door, requiring stitches and leaving a scar on client's knee. There were limited medical bills and no surgeries, but through extremely challenging and successful negotiations, Rudenberg & Glasser were able to secure a settlement of $250,000.

What Our Clients Are Saying

We go above and beyond to be there for clients to provide them with the best outcome possible.
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  • “I don’t usually post reviews but I had to make an exception in this case. Mike and everyone at the office were beyond helpful. Went to court twice once to find out my charges the last to find out everything was dropped. I couldn’t have asked for a more pro”

    G.P.

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  • “I’ve used Mike and Eric for my cases since 2012.”

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