Calculating Pain And Suffering In A Florida Personal Injury Case
After being in a Florida accident because of another party’s negligence, you might be left facing many losses and difficulties. For example, medical expenses usually add up fast after an accident. On top of you having to deal with substantial medical expenses after an accident, you might find yourself experiencing immense pain and suffering. Fortunately, in Florida, accident victims can receive compensation for both economic and non-economic damages. Medical expenses fall under economic damages and pain and suffering under non-economic damages.
Calculating a settlement value for economic damages such as medical costs can be pretty straightforward. When it comes to medical expenses, you have receipts and bills to help you do your calculations. Unfortunately, calculating how much you should be paid for pain and suffering can be complex. This is because there are no bills and receipts to help you. Also, there is no universal standard of measurement when it comes to pain and suffering. Everyone experiences pain and suffering differently, so each case is handled differently. However, insurance companies and courts use several methods when determining the value of pain and suffering. One of the main methods used is known as the “multiplier method.”
Measuring Pain and Suffering
First, before getting into how the value of pain and suffering is determined, you need to understand the meaning of the term “pain and suffering.” According to Cornell Law School, pain and suffering refer to the physical discomfort and emotional distress that follow after an accident and that are usually compensable as non-economic damages.
As already mentioned, there is no universal standard of measurement when it comes to pain and suffering. Every case is handled uniquely. When determining the value of pain and suffering, Florida courts consider several factors, including, but not limited to the following:
- Injury severity – The more severe an injury, the more pain and suffering compensation a plaintiff is likely to get.
- The type of medical treatment a claimant requires – The more costly and intense your treatment plan is, the more pain and suffering compensation you are likely to receive.
- Recovery period – Usually, a more extended recovery period means more pain and suffering compensation.
- Impact of an injury in a plaintiff’s life – A victim whose injuries don’t prevent them from returning to their pre-accident condition is likely to receive less compensation than a victim whose injuries prevent them from returning to their pre-accident condition. A permanent disability is one thing that can prevent you from going back to your pre-accident condition.
- What was taken “away” from them. – For example, if a victim was an avid and frequent golfer pre-crash and now can’t play golf, his/her economic damages may be higher than someone who’s passions/hobbies remained the same.
Multiplier Method
The multiplier method is a method that was commonly used to calculating pain and suffering. This method involves selecting a number, usually between 1 and 5, and multiplying the chosen number with a claimant’s quantifiable or economic damages. The number used in a case depends on the factors surrounding the case. Recently, this method of calculating pain and suffering has become out of vogue.
Contact a Delray Beach Personal Injury Lawyer
The best way to make sure you get paid what you deserve for the pain and suffering you’ve had to endure after your accident is to work with a skilled personal injury attorney. At Lyons & Snyder, our Delray Beach personal injury lawyers have the experience you need to secure a fair pain and suffering compensation. Contact us today to schedule a consultation.
Resource:
law.cornell.edu/wex/pain_and_suffering
