If you have been in an accident caused by the negligence of another person or party, you may be eligible for compensation for those injuries. Sadly, some injuries are greater than just physical or financial damage, but they are just as valid.
It’s important to understand what your less-visible injuries are worth. It’s also important to understand why using a pain and suffering calculator in Florida may not be your best tool for processing what you are entitled to.
What Is Pain and Suffering?
The two types of damages you are generally entitled to after an accident are economic and non-economic damages.
Economic damages include things that are not overly complicated to calculate, such as medical bills and lost wages. Non-economic damages—the category to which pain and suffering belong—are types of harm that do not come with a receipt.
The term “pain and suffering” refers to a legal remedy that describes both the physical and emotional injuries suffered by a victim following an accident. But just because pain and suffering damages are not easy to calculate or invoice, it does not mean that these types of harm are less compensable.
Types of Pain and Suffering
Pain and suffering can be physical or mental, and they’re usually a combination of the two.
The severity and circumstances of your accident must be taken into consideration with any sort of pain and suffering settlement calculator.
Physical Pain and Suffering
Physical pain and suffering damages include the actual pain and discomfort from the injury. They also include the ongoing physical impact that the injuries caused and will continue to cause.
In the case of a lost limb or paralysis, for example, the impact can be very obvious. But other types of physical pain and suffering are not as obvious and will likely require expert medical testimony.
Mental pain and suffering are byproducts of physical injuries caused by the accident.
These are negative emotions and mental anguish that result from the trauma and physical pain caused by the accident, including:
- Emotional distress,
- Post-traumatic stress,
- Humiliation, and
- Loss of the enjoyment of life.
Both physical and mental pain and suffering are important to take into consideration when estimating accident compensation. Don’t entrust this job to an online pain and suffering calculator. Even though they’re easy and free to use, online calculators may end up costing you dearly by misleading you about the value of your claim.
How to Calculate Pain and Suffering in Florida
It is difficult to place a value on pain and suffering. Everyone experiences pain and trauma differently. There are several ways insurance companies determine the monetary value of pain and suffering.
Using a pain and suffering calculator in Florida is generally inaccurate because they leave out the human element.
Per Diem Calculation Method
The per diem method calculates a monetary amount for each day you suffered from your injuries. The chosen figure is often based on work income and the inability to be able to work. This calculation varies a great deal depending on whether you have a long-term, permanent injury or will recover in a relatively short amount of time.
Free Pain and Suffering Calculator
Though tempting to use, free online pain and suffering calculators are not accurate and can vary by extreme amounts.
A pain and suffering calculator cannot take into account the full gravity of your injuries and the circumstances of your accident. It is important to consider the long-term impacts of your injuries—something that is difficult to achieve without the human element.
Proving Pain and Suffering
Medical expenses, lost wages, property damage, and other economic losses are generally easy to add up. But proving pain and suffering often requires help from a skilled legal professional.
Here are some of the things you may need as evidence:
- Personal testimony,
- Medical expert testimony,
- A video demonstrating your daily limitations,
- Testimony from your mental health provider,
- Medical records,
- A journal about your experience with the injury.
It is important to document as much as possible. A Florida personal injury attorney can offer guidance in knowing the types of evidence to focus on.
Limits for Pain and Suffering in Florida
Generally speaking, pain and suffering damages for personal injury and wrongful death are not limited in the Sunshine State.
Do You Need an Attorney to Calculate Pain and Suffering in Florida?
Non-economic damages are subjective, and you must be persuasive if you hope to receive the recovery you deserve. The lasting mental and physical harm you have incurred is meaningful.
The experienced personal injury attorneys at Emmanuel Sheppard & Condon understand what it takes to convey the severity of your injury. Our personal injury law firm has been representing Florida accident victims since 1913.