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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