Proving Pain And Suffering In A Florida Personal Injury Claim
After suffering an injury because of another person’s negligence, you may be entitled to different types of damages. In Florida, pain and suffering is one form of damage you may be entitled to after suffering an injury because of someone else’s negligence.
It is vital for you to keep in mind that when trying to recover compensation for pain and suffering in your personal injury claim, you may experience difficulties. It is easy to prove economic damages like past medical bills or past lost wages. Proving pain and suffering can be challenging, however, mainly because this form of damage is subjective. However, just because it is challenging to prove pain and suffering does not mean it is impossible. With the assistance of an experienced attorney, you can prove pain and suffering and recover the compensation you deserve for this form of non-economic damage.
What Is Pain and Suffering?
Pain and suffering refer to the physical discomfort, anguish, inconvenience, and emotional distress that accompanies an injury. For example, when it comes to this form of non-economic damage, the physical pain that resulted from surgeries undertaken after an injury can be considered. Also, the anxiety, fear, and even insomnia that the whole experience produced can be considered. Loss of enjoyment of life – i.e. inability to play golf or inability to lay with your young child on the floor – can be recoverable as a non-economic damage.
Proving Pain and Suffering
Proving pain and suffering is generally difficult, but proving physical pain and suffering may be easier than proving emotional anguish. Usually, the evidence that you suffered a severe injury is enough to prove physical pain and suffering. However, you need more than just evidence that you suffered an injury to prove the extent of your physical pain and suffering.
To prove the extent of your physical pain and suffering, you can use your medical records. Most doctors ask their patients how much pain they are in. Sometimes doctors even ask their patients what their pain is on a scale of 1 to 10. If your doctor asked you such questions during your visits, it is likely that they entered the answers you provided into your medical records.
You can also use expert testimony to prove the extent of your physical pain and suffering. For example, your doctor or any other doctor may provide their expert opinion about the kind of physical pain the types of injuries you suffered usually cause. While still subjective, such an opinion can be beneficial to your personal injury case.
When it comes to emotional pain and suffering, your testimony as the injured party can help you prove this form of damage. For example, you can provide your own testimony of inability to sleep, flashbacks, anxiety, and any other emotional suffering you have experienced since your accident. Testimonies from family and loved ones can also help you prove emotional pain and suffering. For instance, your spouse may be able to testify about what they have witnessed since you suffered your injury. For example, in one case we had our client’s son’s baseball coach ready to testify that “before the crash “Scott” would act as the 3rd base coach and run batting practice with the kids … since the crash, “Scott” only sits on the sidelines”.
Additionally, an evaluation from an expert, such as an evaluation from a psychiatrist, can help you prove emotional pain and suffering. For example, if you see a psychiatrist and get diagnosed with PTSD, that diagnosis can help improve your chances of recovering compensation for emotional pain and suffering.
Contact a Coral Springs Personal Injury Attorney
If you suffered an injury in Florida due to another party’s negligence and need help proving pain and suffering, contact our Coral Springs personal injury attorneys at Lyons & Snyder. We have experience representing victims who have suffered both physical and emotional pain and suffering and can help you recover the compensation you deserve.
Resource:
law.cornell.edu/wex/pain_and_suffering
