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Understanding Pain and Suffering Damages

September 15, 2023 Legal Team
man on couch upset with hands over eyes with caption: pain and suffering damages

When you suffer accident-related injuries, it is easy to understand how your insurance or the other party’s insurance will pay for your medical bills, property damage, and lost wages. But, what about your unseen injuries?

How are chronic pain, anxiety, and depression compensated? What are these damages called, and how are they determined?

These are a type of non-economic damages called pain and suffering. Read the following to learn more about understanding pain and suffering damages.

For more information about pain and suffering damages or if you were involved in a Florida personal injury accident, contact an experienced attorney today. At Shapiro | Delgado | Hofmann, we have personal injury attorneys located in Sarasota and Bradenton available to help you today.

What is Pain and Suffering?

Pain and suffering refers to the physical pain and mental anguish experienced by an accident victim as a result of their injuries. Pain and suffering are unique to an individual.

What are Pain and Suffering Damages?

Pain and suffering damages are a type of non-economic damages. Non-economic damages are meant to compensate an accident victim for personal, subjective losses.

Non-economic damages have no attachable dollar amounts nor do they have associated bills or invoices. They are separate from economic damages which include hospital bills, prescription drugs, therapist visits, property damage, and lost wages.

Calculating Pain and Suffering Damages

Pain and suffering damages are difficult to calculate due to their nature. The court takes several factors into account when determining a pain and suffering award.

These include:

  • The victim’s age;
  • The severity of the injury;
  • The victim’s prognosis for recovery;
  • Whether the victim had preexisting conditions;
  • The victim’s estimated economic loss;
  • The overall impact of the victim’s injuries on their life; and
  • The need for ongoing medical treatment.

The court will only award pain and suffering damages when there is evidence to back up an accident victim’s claim.

Proving Pain and Suffering Damages

Pain and suffering damages can be proven through mental health documents, medical expert testimony, and eyewitness testimony. Accident victims can document their challenges after an accident by keeping a daily journal.

A victim’s log should include their feelings, moods, struggles, time off of work, and medical visits.

Statute of Limitations for Pain and Suffering Damages

Florida has a strict time limit or statute of limitations to file a claim for pain and suffering damages. This is typically two years for personal injury cases.

There are some exceptions. To find out a specific statute of limitations, speak with an experienced Florida personal injury attorney.

Contact an Experienced Personal Injury Attorney Today

If you have questions about pain and suffering damages in Florida, reach out to the attorneys at Shapiro l Delgado l Hofmann. Our attorneys will advise you of your legal options and any compensation for which you may qualify.

Remember, every personal injury case has a statute of limitations. Victims who file claims outside of this deadline are legally barred from receiving compensation for their injuries.

Call Shapiro l Delgado l Hofmann today at (941) 954-4000 to schedule your no-obligation consultation. We want you to get the compensation you deserve for your injuries.