How To Prove Pain And Suffering In A Personal Injury Claim In FloridaTampa Bay Legal News
Pain and suffering is something that can be a bit of a gray area, as far as proving the amount and the viability of the claim are concerned. It is something that under Florida law, victims who sustained injuries as a result of accidents that were not their fault can include in their personal injury claims. Pain and suffering can include mental, physical, and emotional distress and/or trauma that result from an accident.
Pain and suffering is a non-economic form of damage that isn’t tangible so it is hard to quantify in real numbers. To obtain just compensation to help victims that are suffering from these damages, it is important to understand how to prove it exists.
Pain and Suffering Defined
There are a variety of damages and discomfort a victim can identify which fall under this category. The physical pain that results from injuries, such as the pain from surgeries after an accident or lacerations that occurred as a result of the accident, for instance, can be considered. Mental pain can also be included, such as the emotional scarring and trauma that the whole experience produced. Anxiety, fear, lethargy, insomnia, and grief are all very real results from such a shocking experience as a car accident. It is even quite common for victims of serious crashes to suffer from post-traumatic stress disorder (PTSD) after an accident.
How to Determine Pain and Suffering
There are a few areas a jury or a court will examine to determine if pain and suffering exist and how much should be awarded if it is deemed viable. They include:
- The severity of damages and injury
- Age of the injured
- Future repercussions the injuries cause
- Pre-existing conditions
- Economic losses
- Recovery time length
When pain and suffering are deemed suitable for compensation, a victim will have this amount added to their final settlement. Examples of pain and suffering that could afford additional compensation include:
- An individual that endures such mental stress that they develop a psychological condition, such as depression, anxiety, or chronic fear
- Loss of interest in daily activities, overall apathy, and decreased quality of life
- Inability to take care of one’s self through everyday activities like cooking or driving
- Decreased appetite
- Vission issues or balance issues leading to reduced physical motor functioning
- Chronic pain
To prove that one is suffering, there needs to be substantiating evidence to help convince a judge or jury of the severity. The more detail the better for this type of abstract concept. Evidence that can support a pain and suffering claim include:
- A summary and diagnosis from a reputable mental health professional
- The testimony of the injured party
- Medical physician’s statement regarding the validity of physical pain
- Friends and loved one’s testimony regarding the negative impact the accident had on the victim
- Records of medical procedures, treatments, therapies, etc.
- Receipts of prescription drugs
- Video and photo evidence of the severity of the accident scene and the physical injuries suffered
Florida Pain and Suffering Attorneys
No one should have to suffer pain and distress at the negligent hands of another, but unfortunately, this is a common occurrence throughout our country. We see over six million automobile accidents annually, and it doesn’t appear like this is going to change any time soon. A qualified Tampa personal injury lawyer is a good place to seek support when you have been injured in a car accident that was not your fault. Don’t sell yourself short, you deserve your full compensation for all your damages, pain, and suffering. We are here to help you. Contact one of our Tampa personal injury lawyers at Fulgencio Law at (813) 463-0123.
At Fulgencio Law, our team of Florida motor vehicle accident attorneys will answer all of your questions regarding your personal injury claim and get started immediately building your case.