Did you know? Car accidents are the most common form of personal injury case, but many victims don’t fully understand their rights! If someone else’s negligence causes you injury on the road in Palm Beach, Broward, Miami-Dade, or other surrounding counties, it’s important to know the full range of compensation you’re entitled to. Under Florida law, personal injury victims are able to receive compensation for far more than just medical bills. When you sustain injuries in a car accident with someone else at fault, you’re also usually entitled to something called “pain and suffering.”
What is Pain and Suffering?
Law.com defines pain and suffering as “the physical and mental distress suffered from an injury, including actual broken bones and internal ruptures, but also the aches, pain, temporary and permanent limitations on activity, potential shortening of life, depression, and embarrassment from scarring, all of which are part of the ‘general damages’ recoverable by someone injured by another’s negligence or intentional attack.”
How is Pain and Suffering Compensation Determined?
Determining pain and suffering is especially complicated because the damages and losses are subjective, as opposed to concrete medical expenses which can be calculated more easily. Enjuris explains that when awarding pain and suffering, judges are attempting to measure an actual cash value regarding an individual’s sense of wellness. Enjuris says that “the concept of pain and suffering addresses the overall loss of comfort, happiness and opportunity that usually follows an accident.”
Are you trying to get compensation for the full amount of your injuries in Boca Raton or surrounding counties? Because of the complicated and highly subjective nature of pain and suffering, it’s essential to have a competent and experienced personal injury lawyer fighting on your side.
The amount of pain and suffering that someone is compensated for depends on the individual case and is determined by the courts with the help of a personal injury attorney. Below are some common examples of pain and suffering categories where personal injury victims could receive compensation:
- Emotional trauma, including post-traumatic stress disorder (PTSD) and depression.
- Bodily injury and its lasting effects.
- Grief over the death of a loved one.
- Limitation of personal activities.
- Potential shortening of life.
According to LegalMatch, courts evaluate the following factors when awarding pain and suffering compensation:
- Evidence supporting the plaintiff’s claims.
- The type of injury, duration, and severity of pain.
- Pre-existing conditions of the plaintiff.
- The injury’s effect on the plaintiff’s enjoyment of life.
- Future issues that may arise in connection with the injuries.
If you’ve been in a car accident where you believe someone else was at fault, or if someone else’s carelessness has caused you injury in any way, don’t waste time contacting an effective personal injury attorney! Don’t underestimate the importance of pain and suffering damages in your attempt to simply get medical bills covered. The effects of pain and suffering can continue to impact your life even after medical expenses are paid for.
With 25 years of legal experience in the Boca Raton area and beyond, the Law Offices of Jeffrey A. Rosenberg offers compassionate assistance and personalized attention for each client. Don’t miss out on getting the justice you deserve! Get started on your case today by calling (561) 508-8800 or contacting us online.
5255 North Federal Highway, 3rd Floor
Boca Raton, FL 33487