When you sustain an injury and pursue a personal injury claim, you may be able to receive damages for pain and suffering. But how is pain and suffering calculated in Florida? To calculate pain and suffering, Florida juries can consider a variety of factors, including:
- The severity of your injuries
- The limitations your injuries impose on your daily life
- Past, current, and future suffering caused by the injury
- Emotional distress caused by the injury
- Loss of consortium and affection
- Your age
- Existence of preexisting conditions
There may be other considerations in your case than the ones listed here.
Non-Economic and Economic Damages
Pain and suffering are a type of non-economic damage, meaning that the exact financial cost and award is subjective. However, if you have extraordinary economic damages, such as excessive medical bills, it can play a role in determining pain and suffering compensation. Significant economic damages demonstrate that emotional pain is a likely consequence of your injury, which can help compensate for a decreased quality of life you may experience in the future.
Suffering a severe injury can lead to emotional distress and mental health problems, such as trauma, depression, and anxiety. Pain and suffering calculated by juries can also consider factors such as losing the ability to work, go to school, or live independently. It is also important to understand that pain and suffering calculated by juries can include compensation for future distress, especially if you endure chronic medical or mental health problems because of your injury.
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Limits on Non-Economic Damages in Florida
In Florida, there are rarely limitations on the amount of non-economic damages you can claim and pursue. The two main exceptions include medical malpractice claims ($500,000.00) and the majority of claims against municipal and state governments ($200,000.00).
A personal injury lawyer may be able to discuss what pain and suffering compensation could be available in your case when you contact them for a consultation.
Proving Pain and Suffering in Florida
Experiencing a life-changing injury can make it difficult to return to normalcy, which is why documenting how your injuries impact your day-to-day life can may be useful in a personal injury case. This can include medical and mental health treatment records, which explain the specific ways in which your life is affected because of your injury.
If you are struggling with anxiety, depression, or mental anguish, connecting with a counselor or psychiatrist may help you treat your symptoms. Documentation of these conditions may increase the validity of your pain and suffering claims as well.
More than half of those who are hospitalized with a serious injury experience mental health symptoms, ranging from anxiety to depression. Acute stress disorder, which can transition into PTSD, is present in as many as 45% of injury survivors, meaning that struggling with mental distress following a major injury is common.
Unfortunately, physical and mental injuries can continue to impede your ability to maintain or resume your accustomed lifestyle. Following treatment recommendations and expressing your progress honestly with your medical providers may ensure that any lingering or chronic symptoms from your injury are documented for your personal injury case.
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The Statute of Limitations for Pain and Suffering in Florida
To claim pain and suffering compensation, you must file your lawsuit within a certain amount of time following the injury. The statute of limitations for personal injury claims in Florida are:
- Three years for most claims involving state actors
- Between two and four years for medical malpractice claims
- Two years for personal injury claims
Filing your lawsuit promptly and in accordance with the law is necessary to pursue personal injury damages.
Common examples of claims that can warrant damages for pain and suffering include:
- Car accidents
- Medical malpractice
- Slips and falls
- Injuries related to an assault or act of violence
- And more
A lawyer may be able to discuss what legal time limits pertain to your case and your options for compensation when you call them for a consultation.
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Chalik & Chalik Injury Lawyers Can Help You
The pain, stress, and anguish that occurs following a serious injury can disrupt your life. If you are suffering from physical or mental injuries following a Florida personal injury accident, you may be able to recover compensation.
Chalik & Chalik Injury Lawyers represents Florida victims in personal injury claims. We are dedicated to helping our clients receive compensation and protecting their interests.
Reach out to us today at (855) 529-0269 to schedule a free consultation and to discuss your legal options. We can help you calculate what Florida pain and suffering damages may be available in your case when you call our firm.
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