St. Petersburg Accident Victims: Learn What Your Pain And Suffering Is Worth
Michael Babboni
Personal Injury
After an accident, you may experience injuries that can lead to severe physical pain and emotional suffering. Under Florida State Statute 627.737, you are entitled to compensation for that pain and suffering. Pain and suffering are known as intangible or non-economic damages. That means that even though pain and suffering do not have a financial cost, the party liable for the accident could owe you compensation for your pain and suffering. Here is everything you need to know to understand what your pain and suffering are worth.What Are Pain And Suffering Damages?
“Pain and suffering” is a legal term for the physical and emotional distress you experience following an accident injury. They are a type of compensatory damages that are awarded to the victim to compensate for the harm of the pain and suffering. Pain and suffering cover physical pain and discomfort, emotional distress and mental anguish, and the loss of enjoyment of life. In the state of Florida, there is no cap on pain and suffering damages in personal injury. However, it can be challenging to calculate their full value.
How Are Pain And Suffering Damages Calculated?
Unlike other types of damages like medical bills, property damage, and lost wages, pain, and suffering is not tangible. For intangible damages, instead of using a direct value, they use complex calculations to determine a fair value for the damages. As a result, calculating pain and suffering in the state of Florida is a complex process that considers several factors.
To calculate pain and suffering, Florida courts will consider:
The Severity Of Your Injuries:
The biggest factor in determining the value of your pain and suffering damages is the severity of the injuries. The more severe an injury, the more pain and suffering you experience, and the more your life will be negatively impacted. If your injuries are very severe, you are likely to be owed more in pain and suffering damages.
The Length Of Recovery:
Another major factor in calculating pain and suffering is the length it takes for you to recover from your injuries. Injuries with a shorter recovery time will be compensated less. Injuries that have a lengthy recovery time or are permanent, will result in higher compensation for pain and suffering damages.
The Impact On Your Daily Life:
Sometimes injuries are so severe you cannot live your normal life. You cannot work, do normal chores, and enjoy your hobbies. If the pain and suffering are so severe your normal life is impacted, you are more likely to get a higher amount for your pain and suffering.
Trauma Caused By The Accident:
The trauma following an accident can be truly difficult. Victims can experience mental health challenges like anxiety, depression, or post-traumatic stress disorder (PTSD). Coupled with an injury, this trauma can even be life-threatening. In cases of severe trauma, there is often more pain and suffering damages awarded to help.
Although there is no set formula for calculating pain and suffering damages, your attorney can help. A knowledgeable attorney like the St. Pete’s Lawyer Michael Babboni understands how to calculate pain and suffering. He also knows what courts typically award in circumstances like your case. Further, he’ll present a compelling case that highlights your experience with pain and suffering that will resonate with the court.
To learn more about your right to pain and suffering, contact him today. You’ll receive a free case review to understand your legal options. For over 30 years, The St. Pete’s Lawyer has been helping personal injury victims recoup all their damages. He can help you too!