Can You Recover for Pain and Suffering from an Accident?
Accidents can cause a lot of trauma for victims, both physically and mentally. Unfortunately, insurance companies often dismiss out of hand victims who are experiencing pain and suffering. Victims without legal counsel might give up their right to pursue substantial damages for pain and suffering without realizing it. It’s important to know your rights and work with a knowledgeable injury attorney when your future is at stake. Learn more about pain and suffering damages below, and reach out to the Law Office of Cary Woods II about legal representation for your claim.
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What Does the Term “Pain and Suffering” Mean?
In the legal context, pain and suffering refers to damages that you can seek for physical pain and emotional trauma linked to an accident. This physical pain and emotional trauma can include physical discomfort, mental anguish, depression, anxiety, PTSD, loss of enjoyment of life, and other trauma effects from the accident. Pain and trauma can deeply affect many areas of your life after an accident, including your daily activities, work, hobbies, and relationships. If you’ve been affected by pain or trauma, you should consult a lawyer about your right to recover pain and suffering damages.
Pain and suffering damages are monetary compensation for your losses due to the accident. A jury or judge decides the amount of damages you receive if you take your case to court. In many personal injury cases, the parties reach out-of-court settlements that take into account damages for pain and suffering.
Recovering Pain and Suffering Damages in Florida
Pain and suffering damages are a type of non-economic damages, meaning they’re not traced to an exact amount of money and arise from intangible harm. In contrast, damages compensating you for medical expenses from the accident are economic damages arising from tangible amounts of money spent on medical care. Since pain and suffering damages aren’t traceable to a precise amount of money, it can be difficult to determine their value.
When deciding the amount of pain and suffering damages, juries are instructed to consider a variety of factors. These factors can include the severity of your injuries, how long they are expected to last, the emotional toll you’ve suffered, and your injuries’ impact on various aspects of your life. It’s very helpful to have evidence of the pain and trauma you have suffered. Evidence could come in the form of medical records documenting pain or psychiatric treatment, therapy notes, witness testimony, or photos and videos showing your difficulties.
Damages in Florida Car Accident Cases
In Florida, there are some specific requirements for seeking pain and suffering damages in car accident cases. Victims may only receive pain and suffering damages if they suffered one of the following serious injuries listed in the law:
“(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(d) Death.”
The injuries listed above have specific legal meanings that have been developed and interpreted by courts. To award pain and suffering damages, a jury must find that a car accident victim has one of those injuries.
If you’ve been in a car accident, it’s important to speak with an experienced lawyer who can help you build your case for pain and suffering damages. A lawyer can help you understand whether you may qualify for a pain and suffering claim and how best to pursue it.
When seeking pain and suffering damages, you need a Florida personal injury attorney with deep knowledge about the giant companies that accident victims face. Call the Law Office of Cary Woods II to learn more about our excellent track record and our commitment to superior client service. The Law Office of Cary Woods II gives hope back to injured clients in Florida. You can schedule a free consultation by calling (786) 750-7872 or filling out our convenient contact form.
