What Is a Fair Settlement for Pain and Suffering in Florida?
After an accident occurs due to the negligence of another party, the focus might be on the resulting financial implications, such as medical expenses and lost wages. However, if you’ve been injured in a Florida accident due to another party’s negligence, you may also be eligible to recover compensation for pain and suffering. As personal injury attorneys, a common question among clients is, “what is a fair settlement for pain and suffering?” Each case is different, so fair settlement amounts for pain and suffering vary greatly. Keep reading to learn more.
Understanding Pain and Suffering
Pain and suffering are defined as the physical pain and mental and emotional distress that a person undergoes because of an accident. Several injuries can cause pain and suffering, including;
- Traumatic brain injuries (TBIs)
- Back injuries
- Amputation
- Internal organ damage
- Broken bones
- Neck injuries
The above and many other injuries can cause significant physical pain and suffering. These injuries can also result in emotional and psychological distress that might manifest in, among others, the following ways;
- Anxiety
- Post-traumatic stress disorder (PTSD)
- Depression
- Mental anguish
- Embarrassment
- Grief
Factors That Affect Pain and Suffering Settlements
As mentioned, what constitutes a fair pain and suffering settlement amount depends on several factors. The facts and circumstances surrounding a case play a large role in determining how much compensation you get for pain and suffering. The following are some of the factors that influence the amount awarded for pain and suffering in Florida personal injury cases;
The Injury’s Severity
Generally, the more severe the injury, the higher the amount awarded for pain and suffering. For instance, a traumatic brain injury may result in a larger pain and suffering award compared to a less severe injury, like soft tissue damage.
Duration of Recovery
How long it takes to recover from the injury can impact the amount of compensation awarded for pain and suffering. Injuries that cause long-term pain, chronic conditions, or permanent disabilities usually result in higher compensation.
Impact on Daily Life
Generally, the more an injury disrupts your life, the higher the compensation for pain and suffering might be.
Degree of Fault
Florida’s modified comparative negligence law bars claimants from recovering compensation if they are more than 50% to blame for their injury. And if you are partially at fault, your compensation is reduced based on your percentage of fault.
Evidence
Evidence plays a vital role in determining settlement amounts for pain and suffering. Strong, credible evidence, such as medical records, witness statements, and doctor’s testimonies, can help substantiate a claim for pain and suffering and support a higher compensation amount.
How Is Pain and Suffering Calculated?
In Florida, the most commonly used method for calculating pain and suffering damages is the “multiplier method.” After calculating economic damages, such as medical bills and lost income, the figure is multiplied by a multiplier ranging from 1.5 to 5, depending on the injury’s severity.
Contact Us for Legal Help
Our Orlando personal injury attorneys at The Pendas Law Firm can assess the full extent of your damages, gather necessary evidence, and negotiate with the other side to ensure you receive the compensation you deserve. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Fort Myers, Fort Lauderdale, Miami, Tampa, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
