Miami Personal Injury Lawyer Blog
If you were injured in an accident and succeed in pursuing legal remedies, you may be entitled to recover a wide range of compensation. “Pain and suffering” is a legal term for the non-economic damages an accident victim experiences. It includes physical pain, discomfort, and mental anguish, such as anxiety, depression, or loss of life enjoyment.
Miami personal injury lawyers typically apply distinct formulas to calculate these subjective damages. However, these calculations are usually contested by insurance companies that are seeking to protect their bottom line.
What is Pain and Suffering in a Personal Injury Claim in Miami?
This is a legal term for the non-economic damages an accident victim endures. Unlike medical bills or lost wages, where there is documentation as proof, these damages are subjective and difficult to quantify. They include both the physical pain from your injuries and the emotional distress that follows. Essentially, non-economic damages cover the total physical and mental anguish caused by an accident.
Calculating Pain and Suffering Damages
Miami attorneys typically use one of two methods to calculate the value for pain and suffering.
- Multiplier Method: This most common formula involves adding up all of your economic damages, such as medical bills and lost wages, and multiplying that total by a number, usually between 1.5 and 5. The multiplier chosen depends on the severity of your injuries. A more severe, permanent injury will justify a higher multiplier.
- Per Diem Approach: This method assigns a specific dollar amount for each day you experience pain and suffering, from the date of the accident until you reach maximum recovery.
Examples of Pain and Suffering
Pain and suffering claims can include a wide range of personal hardships, amounting to the real, human costs of an injury. Examples include:
- Chronic pain and physical discomfort
- Disfigurement
- Long-term cognitive issues
- Psychological impacts such as anxiety, depression, and post-traumatic stress disorder (PTSD)
- Insomnia
- Losses that affect personal relationships
- Loss of enjoyment of life
Factors Affecting Your Pain and Suffering Settlement in Florida
One critical factor is the severity and permanence of your injuries, as more debilitating injuries generally lead to higher compensation. The length of your recovery period and the amount of medical treatment required also play a significant role. Additionally, your age, occupation, and how the injury has impacted your daily life and future earning potential are all taken into account. A skilled attorney will gather strong evidence, like medical records and personal testimonies, to prove these factors.
Set Up a Free Consultation With a Miami Personal Injury Attorney
While a summary is useful, it’s wise to get help from an experienced lawyer when seeking compensation for pain and suffering. Calculating these damages and navigating the legal system can be a complex process, and the dedicated team at Gerson & Schwartz, P.A. can help. We have offices in Miami, Fort Lauderdale, and West Palm Beach to serve you. For more information about your potential claim, you can visit us online or call (305) 371-6000 to arrange a free consultation.
