When injured, you may be able to receive damages for your pain and suffering and pursue a personal injury claim for your hardship. It's hard to know how exactly your pain and suffering get calculated in Florida. Read more to learn more about the factors that Florida jurors can consider.
Severe injuries have a higher potential for pain and suffering compensation. In the Florida courts, minor injuries may cause much less distress than life-altering ones, which will elicit lower compensation. If your daily life is significantly thwarted because of your injury, and you can't work or perform routine tasks and movements, that is significant.
Our team of dedicated legal professionals is here to help and will fight to get you the outcome you deserve. If you’ve been injured due to someone else’s negligence, call (904) 293-1065 today for a FREE consultation.
Emotional Pain and Suffering
Emotional distress in the form of trauma, depression, emotional pain, or anxiety stemming from your injury can lead to additional compensation for pain and suffering. It's crucial to document any emotional and physical effects after the incident. If your relationship with a spouse or close loved one is affected by the injury, you may be eligible for compensation for losing consortium and affection.
Your age may also influence the calculation of pain and suffering. For example, younger individuals may receive higher compensation because they have longer to endure the consequences of their injuries.
What About Preexisting Conditions?
Florida courts will look into preexisting health conditions based on how much your injury was exacerbated or worsened after your incident. Both the diagnosis and future prognosis are taken into account when calculating the damages.
If your injury leads to diminished quality of life with high monetary damages, this indicates that the injury most likely caused the pain and suffering. A severe injury can lead to mental and emotional distress and can result in trauma, depression, and anxiety. Losing the ability to go to work, school, or live independently is how jurors often calculate pain and trauma.
Florida has few limitations on the number of non-economic damages you can claim and pursue. There are two main exceptions - medical malpractice claims, capped at $500,000, and most claims against municipal and state governments, capped at $200,000.00.
Proving Pain and Suffering in Florida
When dealing with a life-altering injury, documenting the injury and its impact on your daily life is vital in a personal injury case. Some examples can include medical and mental treatment records. These treatment records explain the specific ways in which your life has been affected by your injuries.
If you are struggling with mental anguish, anxiety, or depression, connecting with a psychiatrist may help you treat your symptoms. Documentation of these conditions could increase the validity of your claims. Struggling with mental distress after a severe injury is extremely common - 45% of injury survivors struggle with acute stress disorder, PTSD, anxiety, and depression.
Following treatment recommendations while expressing your progress honestly with your medical providers is imperative to ensure that any lingering or chronic symptoms is documented for your personal injury case.
Statute of Limitations for Pain and Suffering in Florida
You must file your lawsuit within a specific time frame following your injury. Here is the statute of limitations for personal injury claims in Florida you should know:
- Three years for claims that involve state actors
- Medical malpractice claims - between two and four years.
- Two years for personal injury claims
Filing your lawsuit quickly and in line with state law is necessary to pursue personal injury damages.
Common Examples of Claims
Examples of claims that justify potential compensation for pain and suffering include:
- Car accidents
- Medical malpractice
- Slips and falls
- Injuries related to an assault or act of violence
A seasoned attorney can discuss specific time limits that pertain to your case and your possible compensation options.
Coker Law Can Help You
The pain, stress, and anguish following a severe injury can put your life on hold. You may be able to recover compensation following an accident.
Coker Law represents Florida victims in personal injury claims. The attorneys at Coker Law pride themselves on finding solutions for their clients and garnering them the best compensation possible for their hardship.
When you call Coker Law, you can be assured that you'll get the legal assistance you need in calculating what Florida pain and suffering damages may be available under your specific circumstances.
Contact us today at (904) 293-1065 to discuss your options and schedule a free consultation.
