When you file a personal injury lawsuit after an accident, the main thought on your mind may be recovering compensation for your medical bills and lost wages. However, these are not the only types of damages that may be available to you. Depending on factors like injury severity, you could also recover pain and suffering damages from the liable party.
Under Florida law, these damages are meant to address the physical pain and mental anguish an accident causes you and your family. A Boca Raton pain and suffering lawyer from Dolman Law Group can work to prove your right to these damages. We can discuss this process further when you call for a free consultation.
What Is Pain and Suffering?
As a legal term, “pain and suffering” refers to any mental and physical anguish that can be directly tied back to an injury-causing event. Many victims falsely believe that all they're entitled to after an accident is treatment costs. However, serious accidents can also have intangible side effects that last months, years, or even a lifetime.
To ensure that accident victims are compensated in all the ways their lives were disrupted by an accident, courts may award various damages. Generally, these damages will cover your medical treatment, economic losses, and pain and suffering. Calculating the first two is relatively straightforward, but determining the compensation for pain and suffering is complex.
Non-economic damages like pain and suffering are abstract concepts rather than actual financial damages, which means we must assign value to them. The attorneys at our firm can handle pain and suffering calculations for you. At Dolman Law Group, we take this aspect of our job very seriously to ensure our clients receive fair compensation.
The Role of a Boca Raton Pain and Suffering Lawyer
Hiring a lawyer can be invaluable for your personal injury case. Navigating legal channels and procedures is challenging on your own—it may be even harder if you're injured and trying to cover your daily expenses without an income. If you're seeking pain and suffering damages, maximizing your award without an attorney won't be easy. You may face challenges on the severity of your injury or its connection to the accident, as well as other obstacles.
Here's what a Boca Raton pain and suffering lawyer can do for you:
- Ensure your personal injury lawsuit is filed long before the statute of limitation elapses
- Review your medical records and interview medical professionals to determine the extent of your injuries, their projected treatment costs, and how they'll affect your life moving forward
- Identify the damages you're owed, including pain and suffering, and use the knowledge they gained from your medical records and expert witnesses to calculate the amount of compensation you're owed
- Negotiate with insurance providers to get you the maximum compensation possible
- Argue your case in court if negotiations with the insurance provider are unfruitful and the case goes to trial
Ways of Calculating Pain and Suffering Damages
Since each accident and its aftermath are different, your attorney will consider your case's unique circumstances before making calculations. There are two common methods for calculating pain and suffering damages, as shown below:
Per Diem Method
When attorneys use this method to calculate pain and suffering damages, they assign a specific dollar value to each day, starting from the day of the accident and continuing until the accident victim achieves 'maximum medical recovery.' This term is used by medical professionals when they believe the victim's injuries won't improve past a certain point.
This method involves multiplying the victim's actual damages (lost wages, medical bills, lost earning potential, etc.) by a specific number. This 'multiplier' usually ranges from one to five and will depend on the severity of the victim's injuries. Your attorney should have already determined the actual damages you're owed for the multiplier method to work.
Factors Determining the Amount of Pain and Injury Damages
Your attorney will consider the following factors when calculating pain and suffering damages:
- The severity of your injuries
- The amount of pain caused by the injuries
- Whether you require additional treatment and the cost
- The amount of time it will take your injuries to heal
- Whether you'll require physical therapy, mental therapy, or lifelong treatment
- Whether your ability to earn a living has been hampered
- Whether you'll modify your home or work environment due to disabling injuries
When Can You Sue for Pain and Suffering Damages?
Any accident injury that causes physical and mental anguish could qualify you for pain and suffering damages. In addition, if you lost a loved one in an accident, you might receive pain and suffering damages as part of your wrongful death case. The court may also award loss of consortium, which compensates a family for the grief, pain, and suffering they endured after losing a loved one due to someone else's negligence.
You might also be entitled to pain and suffering damages if the accident left you dealing with chronic mental health conditions like insomnia, fear, worry, grief, psychological trauma, post-traumatic stress disorder (PTSD), or a reduced quality of life.
Here are some of the most common injuries that lead to the awarding of pain and suffering damages:
- Head injuries, such as traumatic brain injury (TBI), resulting in severe migraines and cognitive changes
- Fractured and broken bones
- Neck, back, and spinal cord injuries
- Organ damage
- Dislocated joints
- Nerve damage
Contact the Dolman Law Group for a Free Consultation
Reach out to the Dolman Law Group today to discuss your injuries and potential for financial recovery. We have recovered more than $10 million in settlements. If you choose our firm, our lawyers will advocate on your behalf to ensure you receive the maximum possible settlement. Contact us today for a free consultation.
Dolman Law Group Accident Injury Lawyers, PA
301 Yamato Road, Suite 1240
Boca Raton, Florida 33431