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How to Calculate Pain and Suffering Damages in a Florida Personal Injury Lawsuit

If you suffer an injury because of someone else’s neglect or wrongful act, you may face several challenges. Acquiring the compensation, you deserve for your injuries can help to alleviate some of the financial burdens you are dealing with.

After being injured, it may be possible for you to seek damages for your pain and suffering.

Pain and Suffering Defined

There are two basic types of pain suffering. This includes:

  1. Mental

  2. Physical

Physical pain and suffering refer to the pain you experience due to your injuries. This includes the pain you have felt to date and the pain you are likely to feel in the future.

When mental pain and suffering, you receive damages for the mental anguish felt after your injury. Some of the common mental pain and suffering issues you may experience include:

  • Emotional distress

  • Anxiety

  • Fear

  • Anger

The mental pain and suffering you experience vary in severity from one person to another. Similar to physical pain and suffering, this includes the mental anguish you have experienced to date, and what you could experience in the future.

Tips for Calculating Pain and Suffering Damages in the State of Florida

Damages for cases of pain and suffering can be difficult to calculate. This is because pain and suffering is something that is both subjective and personal.

To properly calculate pain and suffering damages, the court will consider many factors. Some of the things that are going to come into play include:

  • The plaintiff’s age

  • The severity of their injury

  • Economic loss endured

  • Medical therapy and treatment the plaintiff received

  • Preexisting conditions

  • If ongoing rehabilitation and treatment is needed

Some lawyers use something called the “multiplier method” to determine pain and suffering damages. When this method is used, the attorney will multiply the total economic damages being asked for by a number. Usually, the number will range from one to five.

An example of this would be if you were seeking $100K in economic damages, and your attorney used a multiplier of four. If this is done, your attorney will claim that you are entitled to $400K in pain and suffering damages.

Damages for Pain and Suffering

There are two basic types of damages that you can receive in any personal injury case. These include:

  1. Economic

  2. Non-economic

Calculating economic damages is straightforward with the supporting documents. However, non-economic damages are more complex and include things like your pain and suffering.

With non-economic damages, it is difficult to determine a set monetary value. However, the personal injury lawyer you hire will gather the needed information to determine a fair amount for these damages. Even though some states impose a damage cap, Florida is not included in that group of states.

When it comes to pain and suffering, putting a number value on it may seem impossible. However, with a quality personal injury attorney, you can feel confident you will get the compensation you deserve for your injuries.