Pain and suffering is a legal term used to describe the specific hardships of physical pain and emotional suffering. In the state of Florida, pain and suffering is a concept that is applied in personal injury law. Though these are intangible things that are challenging to quantify, they do have a financial value in a personal injury claim. However, because they are not straightforward costs like medical bills or lost wages that can be easily tallied, courts use complicated formulas to determine their value. Which formula they use depends on the details of your case. Here is how the value of pain and suffering is calculated in Florida.
What You Will Need To Calculate Damages
In order to calculate pain and suffering damages, you will need both your past and future medical expenses. The past medical expenses will be a sum of your existing medical bills from the accident. This will include all medical bills like diagnostics, treatments, pharmaceuticals, and therapy. Then you will need to understand what the lifetime cost of your injuries are going to be. This figure can be determined with the help of your physician and attorney. They will investigate similar cases to yours and determine what the injuries cost over time. It’s important to include your future injuries because many illnesses have a long recovery time. Once you have those figures you will be able to calculate pain and suffering.
The Multiplier Method
The multiple method is probably the most common method used to calculate damages. What you will do is you will add up both your existing and future medical expenses. Then you will multiply that figure by a pain scale. This is usually a number between 1.5 and 5. This is known as the multiplier. The more severe your injuries the higher your multiplier. For example, if your injuries caused permanent damage you will use the multiplier of 5. While if your injuries are severe enough to take you out of work but you are expected to heal in a few months or years, your multiplier will be lower. You will then multiply your medical expenses by the multiplier and that will be your pain and suffering damages.
The Daily Rate Method
The daily rate method is very different from the multiplier method. It demands a specific amount of money for each day you will be impacted by the pain and suffering of your injuries. The way this is calculated is by taking the total cost of your medical bills and dividing it by the time it will take to recover. For example, if you broke your leg and it cost $30,000 in medical bills. On average it takes six months to heal from a broken leg. You would take $30,000 divided by 180 days (six months at 30 days per month) getting $166. This is then multiplied the days it took you to recover.
Proving Pain And Suffering
Regardless of what method is used to calculate your pain and suffering damages, you will have to prove them to the courts. There’s a couple of ways to do this including:
● Documentation from a medical expert testifying to your pain and suffering
● Documentation of medications for physical pain and mental suffering
● Your own testimony about how the injuries have impacted your life
● Testimony from family, friends, or coworkers on how the injuries have impacted your life
A good attorney will help you collect the evidence you need to prove to the courts that you deserve compensation for pain and suffering.
The team at Justice Pays Goldman, Babboni, Fernandez, and Walsh in Southwest Florida can help. We will gather all the information needed to calculate pain and suffering. We’ll also collect all the evidence to prove that you have a right to this compensation. We’ll then fight for your rights to a fair settlement for all of your injury-related damages. To learn more, call us at 1-833-954-1234 for a free case review.