Understanding Pain and Suffering in Florida

After an accident caused by someone else’s negligence, victims often grapple with physical injuries, emotional turmoil and financial burdens. While some damages, like medical expenses, are quantifiable simply by showing medical bills, calculating pain and suffering can be more challenging. Finding a trusted lawyer to help you navigate your case is a crucial step to determining the scope of these hard-to-quantify issues and receiving the compensation you deserve. 

The Facets of Pain and Suffering

Pain and suffering can include quite a few different conditions that you may be dealing with in the wake of an accident. This can encompass the physical discomfort of your injury as well as the mental anguish you have to deal with. Mental anguish can be expressed with anxiety, PTSD, loss of companionship and even loss of enjoyment of life. This is a critical component of compensation, yet you will likely need a lawyer to make a powerful case for it.

Why Florida’s Pain and Suffering Calculators Aren’t Always Reliable

Calculating pain and suffering is difficult because everyone is different. The nuances and particular circumstances of each individual’s experience are difficult to quantify, and applying an objective standard is challenging. Primarily, Florida uses the per diem calculation method, where a daily monetary value is applied to the impact of your injuries. This method can be useful in the short term but can ignore the potential long-term effects of pain and suffering. 

These tools, designed to offer quick calculations, often lack the ability to accurately reflect the individual nature of each person’s experience after an accident. In these cases, a more tailored approach, with insights from medical and legal professionals, is necessary to obtain a fair and accurate assessment of damages.

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The Critical Role of Evidence in Proving Pain and Suffering

Since pain and suffering do not easily translate into monetary values, you must collect as much relevant evidence as possible. This is primarily done through documentation of your day-to-day experiences. Common examples of relevant evidence include personal testimonies, daily limitation videos, mental health provider testimony and medical records.

Florida’s Stance on Pain and Suffering Compensation Limits

In Florida, there is no strict limit on the damages you can recover for pain and suffering in most cases. The exception is medical malpractice suits, which have a $500,000 limit on pain and suffering.

The Role of a Legal Professional in Your Pain and Suffering Claim

Given the difficulty of calculating pain and suffering damages, having a lawyer by your side is a great help. Whether dealing with a personal auto accident or an accident in rideshare services like Uber/Lyft, Tom will help you with evidence collection and medical assessment to make the strongest case possible when fighting for the compensation you deserve.

Recovering Damages in an Auto Accident Case in Florida

Much more than pain and suffering can be recovered in a Florida auto accident case, including medical expenses, lost wages, loss of companionship and more.

Calculating pain and suffering in Florida can be difficult, but a skilled attorney like Thomas J. Ueberschaer, P.A. can help see your case through. With the right guidance, you can pursue compensation for your injuries, visible and otherwise. Reach out for a free consultation by filling out our online contact form or by calling 850-434-8778.