Pain And Suffering Damages In Florida
Brian O Sutter
Accident Lawyers
Like in most states, Florida treats ‘pain and suffering’ as a legal term for any physical or emotional distress caused by an injury. Whether you have lived here all your life or just like to vacation in the Sunshine State, there are a few things you should know about how Florida courts treat pain and suffering.The Different Kind of Damages in Florida
When there is a claim for damages after an accident, there are typically two types of damages that need to be considered: economic (aka special) and non-economic (aka general). Economic damages refer to the actual monetary costs of an injury, such as medical bills and lost wages. However, non-economic damages is more abstract and harder to estimate, such as current and future pain and suffering as a result of your accident. A couple examples of this kind of injury are depression, anxiety, PTSD, and insomnia.
How Are Pain And Suffering Damages Measured in Florida?
Unfortunately, measuring the damages for pain and suffering is difficult because the experience is very subjective and there is no universal standard to use. Often the courts must use their best judgment and consider a number of factors to decide how much pain and suffering to award.
A few factors that the courts must consider include:
- Age of the person injured
- Severity of the injury suffered
- The amount of economic loss suffered as a result of the injury
- The potential for future pain and suffering
- Whether the injured had any preexisting conditions
In order to determine the value of pain and suffering, attorneys will sometimes employ a ‘multiplier method’ where the lawyer multiplies the economic damages by a certain number. For example, if the injured had suffered a lost income of $40,000, an attorney might argue that the victim is entitled to three times that amount ($120,000) for pain and suffering.
Florida’s Limits on Damages
While Florida does not have a cap on damages for pain and suffering in general, there are some limits to how much can be awarded for certain claims. Additionally, Florida’s ‘pure comparative negligence’ rule can reduce damages in proportion to the amount of negligence that attributed to the injury. Lastly, Florida has a ‘no fault’ rule, which means that your insurance provider will cover certain damages regardless of who is at fault for your injuries and will prevent you from filing a lawsuit for pain and suffering damages except in cases of severe injuries.
Getting the legal help you need after an accident
With no objective way to measure pain and suffering, the amount awarded can vary greatly and hinge on several different factors. However, with a personal injury lawyer well-versed in pain and suffering damage claims, you can get the financial compensation you deserve.
Here at All Injuries Law, our attorneys have the experience and expertise you need after an accident. Whether you have been in a car accident or a slip and fall, we are committed to getting you the legal and financial help you need to recover from your ordeal.
Contact us at All Injuries Law for a free consultation today!