Medical bills are easy to add up. But what is the price of insomnia caused by back pain? What is the value of being unable to pick up your grandchild or play your favorite sport? These are 'non-eco...
Medical bills are easy to add up. But what is the price of insomnia caused by back pain? What is the value of being unable to pick up your grandchild or play your favorite sport? These are 'non-economic' damages, commonly known as pain and suffering. In Florida, these damages are meant to compensate you for the human cost of the accident. Because there is no receipt for pain, calculating this amount is both an art and a science.
What Does 'Pain and Suffering' Include?
It covers physical pain, mental anguish, emotional distress, inconvenience, and the 'loss of capacity for the enjoyment of life.' It includes the anxiety of driving after a crash, the humiliation of a scar, and the depression from chronic pain.
How Is It Calculated?
There is no fixed formula or chart. Insurance adjusters often use a 'multiplier method' (multiplying your medical bills by 1.5 to 5) as a starting point, but this is flawed. Juries are told to use their best judgment to award a 'fair and just' amount. We use evidence—testimony from family, 'Day in the Life' videos, and medical expert opinions—to show the jury the true depth of your suffering.
The Permanent Injury Threshold
As mentioned in other posts, to get ANY pain and suffering money in a standard Florida car accident case, you must prove you have a permanent injury. This is why consistent medical treatment and a final evaluation by a doctor are so critical.
Factors That Increase Value
Younger victims often get higher awards because they will suffer for longer. Visible injuries (scars, limps) tend to result in higher verdicts than invisible ones. A likable, credible plaintiff is also key; if the jury likes you, they are more likely to award significant damages.
Documenting Your Pain
We tell our clients: 'If it's not written down, it didn't happen.' Keeping a daily pain journal is one of the best ways to prove your suffering. Record your pain levels, what activities you missed, and how the injury affected your mood. This contemporaneous record is powerful evidence.
Contact Emas Law Group Today
Your pain is real, and it deserves recognition. Don't let an insurance company tell you that your suffering is worth 'peanuts.' Emas Law Group knows how to translate your human experience into the legal compensation you are owed.
Frequently Asked Questions
Is there a cap on pain and suffering?
No. In Florida personal injury cases, there is generally no limit on the amount a jury can award for pain and suffering.
Do I have to testify about my pain?
Usually, yes. You are the best witness to your own suffering. We will help you prepare to tell your story effectively.
Does anxiety count?
Yes. Mental anguish, anxiety, and PTSD are all compensable forms of suffering.