Orlando Pain and Suffering Lawyer

March 16, 2023 | Attorney, Matthew Dolman

Hiring an Orlando pain and suffering lawyer can help you when you've been hurt due to someone else's negligence. Whether the situation was an innocent mistake or gross negligence, you have rights under the law to seek compensatory damages for your pain and suffering.

Sometimes pain and suffering may not be seen by others. Other times, pain and suffering damages are related to external injuries. Your attorney will research the situation to see if you have a valid case. You can obtain a free case consultation from an Orlando pain and suffering lawyer.

What Lawsuits Can You Bring for Pain and Suffering?

Many different types of personal injury lawsuits in Orlando allow for pain and suffering damages. Pain and suffering can be attributed to any accident, medical error, slip and fall accident, or other wrongdoing that occurs because of another party's negligence. 

Pain and suffering may be categorized in two ways:

Physical Pain and Suffering

This would include the actual physical pain you endure because of the accident or incident. It can also incorporate some of the physical restrictions you have because of the situation you're in now.

For example, if you get into an accident and have broken legs (physical injuries), you won't be able to participate in activities that you once participated in until your legs are healed. This is considered a physical “pain and suffering” damage.

Mental and Emotional Pain and Suffering

Mental pain and suffering consists of the emotional and mental consequences you have because of the injury. For example, if you get into a serious car accident, you may have anxiety, depression, or post-traumatic stress disorder (PTSD) afterwards.

What Types of Damages Can You Get in Florida After an Accident?

Whether your injuries occurred due to a vehicle accident, medical error, slip and fall, or some other negligence by another, there are three main types of damage you can seek in Florida. These include:

Economic Damages

You will likely have accident-related monetary costs. For example, you may have bills for doctor appointments, hospital stays, and miscellaneous items. All of these things are classified as economic damages.

Non-Economic Damages

This is where the pain and suffering damages come into play. These are referred to as non-economic damages because there is no money paid out on the surface. However, your lawyer can attach monetary value to the physical or emotional harm you suffered.

Punitive Damages

Punitive damages are only awarded in certain instances. For example, if someone is extremely negligent or acts in a malicious way, it can result in punitive damages. These are over and beyond the monetary amount for the other damages.

How Are Pain and Suffering Damages Figured?

Since pain and suffering can't be calculated by adding up receipts, your attorney can figure it out in another way, using a legal method. There are two ways your Orlando pain and suffering lawyer can figure the amount of your pain and suffering damages. One way is to rate your pain and suffering on a scale from 1 to 5 and multiply it by the total of your economic damages.

The other method used is to multiply the amount you normally make a day by the number of days you expect to endure pain and suffering. Of course, the number of days will need to be your best estimate.

Factors Influencing Your Pain and Suffering Award

Your pain and suffering award may be affected by the severity of your condition or by the amount of fault you bear in the incident. Some factors that could affect the severity of your pain and suffering include:

  • Extent of external surgeries
  • How long you will be in pain
  • What type of pain you experience (physical, mental, emotional)
  • The limitations that will be placed on your life
  • How long until you can participate in certain activities
  • How long you're out of work
  • Whether you can go back to work at all after reaching maximum medical improvement
  • If you injuries cause loss of limb, disfigurement, or scarring

These represent some of the factors that can change a pain and suffering settlement or award.

Florida Law Restricts How Long You Have To File a Lawsuit

You have filing limitations in Florida, and in any state. The main thing that you need to be aware of is the deadline for filing a lawsuit. The statute of limitations imposed by Florida Statutes § 95.11 indicates that personal injury lawsuits for pain and suffering must generally be filed within four years of the date of the incident.

Types of Accidents Dolman Law Group Takes On

Our firm helps many injured Floridians every year. We have experience with the following case types that involve pain and suffering damages:

  • Car accidents
  • Truck accidents
  • Bus accidents
  • Rideshare accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Slip and falls
  • Medical malpractice
  • Work injury
  • Construction site injury
  • Wrongful death

Protect Your Right to Compensation

The best thing you can do for your case is to think ahead before you speak about the case or make decisions about compensation. Do the following to make your lawyer's job easier:

  • Gather all the proof of your injuries that you have
  • Do not tell the insurance company more than necessary
  • Do not accept compensation offers before speaking to your lawyer
  • Don't post about the case on social media
  • Follow your doctor's recommendations
  • Don't throw away receipts or other documents related to the case

Talk to an Orlando Pain and Suffering Lawyer's Team

Take the next step in seeking recovery in your pain and suffering damages by talking to a lawyer. Our Orlando lawyers will calculate your case value, and tell you your options for moving forward.

Discuss your injuries and damages during a free case evaluation with Dolman Law Group staff. You can also work with our attorney on a contingency-fee basis, and not pay fees until the case is over. Contact the office today.

Orlando Office
1701 Park Center Drive, Suite #240-G
Orlando, FL 32835
Phone: (407) 759-4565

 

Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has represented over 11,000 injury victims and has served as lead counsel in over 1000 lawsuits. Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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