Yes, Florida does allow accident victims to recover damages for pain and suffering from an auto accident in certain situations.
Pain and suffering are considered a “non-economic” damages. Unlike, for example, medical bills, there is no clear monetary value for pain and suffering. You are suffering, and there should be compensation for your pain and suffering.
Read on to learn everything you need to know about when you can recover damages for pain and suffering and how those damages are calculated.
If you sustained injuries in an auto accident, you have the right to pursue compensation for your damages. Contact Chalik&Chalik Injury Lawyers today for a free case evaluation. We are standing by to take your call at 855-529-0269.
Understanding What Pain and Suffering Damages Are
Pain and suffering damages is a legal term that refers to the non-physical injuries a plaintiff suffers due to injuries in an auto accident.
For example, pain and suffering would cover the physical pain you experienced, grief from the loss of a bodily function, anxiety caused by the traumatic event, or the loss of enjoyment of life due to chronic pain.
Eligibility for Recovering Losses Due to Pain and Suffering
To claim pain and suffering damages in Florida, you must meet specific criteria.
According to Florida laws, accident victims are eligible to recover damages for pain and suffering, mental anguish, and inconvenience if they experience the following:
- Significant and permanent loss of a bodily function, such as loss of eyesight.
- An injury that is likely to result in permanent injuries, such as a herniated disk.
- Permanent scarring or disfigurement, such as severe burns.
- Wrongful Death
How Pain and Suffering is Calculated
Most damages you recover following a lawsuit are considered economic damages. These are generally simple to calculate. For example, if you required surgery following your injury and the bill was $3,000, you would be eligible to recover the cost of your operation.
Pain and suffering are considered non-economic damages, meaning they cannot be calculated based on a bill or out of pocket costs. There are several ways to calculate pain and suffering damages.
- The multiplier method, which multiplies the amount of economic damages you experience and uses that number to account for pain and suffering.
- Per diem, which assigns a value to each day until you are completely healed or pass away.
- Algorithms, which weights different types of injuries, treatments, and other factors.
Calculating pain and suffering damages is a complex process. Contact an auto accident attorney to discuss how much you may recover in pain and suffering.
Other Damages You May Recover in a Florida Auto Accident
In addition to non-economic damages, you may also be eligible to recover economic damages. The amount you recover will depend on the details of your case and how badly you were injured.
However, the most common types of economic damages in an auto accident are:
Personal Property Damages
These damages cover any property damaged during the car accident. This could include repair or replacement of your car, truck, or motorcycle,replacement of medical devices such as hearing aids, and electronic items, such as a phone, tablet, or laptop.
You may also be eligible to recover the cost of any medical bills you accrue due to your injuries. Medical bills might include bills for an ambulance ride, hospitalization costs, surgery, mobility devices, long term care, medication, and the cost of doctor follow up visits.
Lost Salary or Hourly Wages
If you miss time at work due to your injuries or treatment, you may be able to recover your lost pay. In addition, if you are unable to return to the same job you had before your accident, you may be eligible to recover lost future wages and benefits as well.
Contact an Auto Accident Attorney in Florida to Understand Your Legal Rights
Did you sustain injuries in an auto accident? Are you facing impairment, disfigurement, or long-term pain? You have the right to hold the responsible party legally liable for your injuries and other damages, including pain and suffering.
To explore your legal options, contact the legal team at Chalik & Chalik Injury Lawyers today at 855-529-0269. We help accident victims like you recover the damages they deserve. Let us help you.