The short answer to this question is: Yes. Pain and suffering is considered a non–economic damage and can be awarded as part of the amount paid by an insurance company during settlement or paid as a result of a favorable verdict by a jury.
Florida defines non–economic damages as non–financial losses that would not have occurred if not for the injury; including pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, and loss of capacity for enjoyment of life. Injured parties may also be entitled to other non–financial losses to the extent that the claimant is entitled to recover such damages under general law, including the Wrongful Death Act.
So long as certain factors are met, a person who has been injured can recover damages for any bodily injury they sustained and any resulting pain and suffering or other non-economic damages listed above.
In Florida, the injury victim bears the burden of providing authentic, admissible proof of their pain and suffering, both physical and mental. Florida law is clear: injury victims must provide credible evidence of their claims. Mere speculation or uncertainty will void any chance of being awarded pain and suffering damages.
In order to be eligible for pain and suffering damages, a plaintiff needs to prove that they suffered one of these things, in whole or in part:
- Significant and permanent loss of an important bodily function
- Permanent injury, other than scarring or disfigurement
- Significant and permanent scarring or disfigurement
Proving damages for pain and suffering is one of the more complex issues that arise in a personal injury case. The necessary documentary evidence, including medical records and witness testimony that is necessary to establish the full scope of your pain and suffering, are both imperative to receiving compensation.
Proving those necessary elements is one of the many issues Dolman Law Group addresses with every client. We understands that every case is different and unique, just as every individual is different and unique. Cases that may appear similar at first contain more varying factors and issues than most people realize. Underneath the initial facts of a case we find the details that make each case different. It is for this reason, that no person can guarantee a client will receive pain and suffering damages until they have thoroughly dug into the case to evaluate its extenuating circumstances.
We fully review every detail of your case in order to provide you with the best possible advice and exceptional representation. Unlike other Florida law firms that handle similar types of cases, we do not take pride in the number of clients we represent. We take pride in the number of satisfied clients with whom we’ve had the privilege of representing.