For many victims of a personal injury, the losses that are sustained after an accident go beyond just physical losses. More often than not, they will also include losses known as pain and suffering. It’s important to understand pain and suffering and your legal rights and options after an injury.
At the law offices of Jack Bernstein, Injury Attorneys, our team will provide you with comprehensive legal guidance to recover the compensation you deserve. Read on to learn more about how our team can support you and what you need to know about pain and suffering calculation, severe injury compensation, and more.
Contact Jack Bernstein, Injury Attorneys, and schedule your free case evaluation today.
What Factors Are Considered When Calculating Pain and Suffering in a Personal Injury Case?
Pain and suffering are arguably difficult damages to calculate because both pain and suffering are intangible. However, in the eyes of the legal system, several factors are taken into consideration when pain and suffering are calculated. Essentially, these factors are all considered in the way a victim’s day-to-day activities have been affected because of their injury. Some of the factors that are taken into consideration when calculating pain and suffering include a victim’s:
- Physical pain
- Mental anguish, including fear, anxiety, stress, or depression, as a direct result of their accident
- Where the injury has happened, for example, visible injuries such as scarring or dysfunction on the face may cause more mental anguish and physical pain than other types of injuries
- How their quality of life has been altered or diminished
How Do Insurance Companies Determine the Amount for Pain and Suffering?
As with the courts, insurance companies follow specific methods by which to calculate pain and suffering. There are two common methods by which pain and suffering are calculated:
Multiplier Method
Most insurance companies turn to what is called the “Multiplier method.” Under this method, a number between 1.5 and five is assigned to you. This number reflects the level or the degree of pain and suffering you are experiencing because of your injury.
This number, also known as the multiplier, is multiplied by the sum of the actual damages you have suffered.
The more severe your injuries are, the higher your multiplier will be. For example, individuals who have become paralyzed because of their injury will fall closer to a five, while others with less significant injuries will fall closer to 1.5.
Per Diem Method
Another method used to calculate pain and suffering is the “Per Diem” method. Under this method, a dollar amount is assigned for one day of damages. This value is generally a day’s pay from work. This value is then multiplied by the number of days you have been impacted by your injury.
Are There Different Methods To Calculate Pain and Suffering in Court?
As with the insurance companies, U.S. courts also take a similar approach to calculating pain and suffering. A court may choose to use the Per Diem method or to use the Multiplier method.
The method chosen will depend on the type and extent of your injury, how your life has been and will be impacted, and other factors.
Is There a Standard Formula for Calculating Pain and Suffering Damages?
Both the Per Diem method and the Multiplier method are recognized as the standard formulas used to calculate pain and suffering.
Both these standard formulas are important to understand because they can help you get a clearer image of the work of your case. Additionally, you and your legal team will better understand the monetary damages you can pursue, especially during the start of negotiations.
When calculating pain and suffering in Florida, negligent parties will try to minimize the losses you have sustained. However, being able to calculate your assessed pain and suffering will provide you with a clear picture of what fair compensation looks like in your case.
Can Pain and Suffering Compensation Be Negotiated in a Settlement?
Yes. You can negotiate your pain and suffering compensation with both the insurance company and other legal parties representing the defendants who are responsible for your injury. It’s important to understand that while you can negotiate, it may be difficult.
This is why it’s incredibly important to have an experienced Tampa personal injury lawyer on your side. Whether you are negotiating damages related to a slip-and-fall accident or a semi-truck collision, an experienced attorney will be well-versed in how to best negotiate on your behalf to receive a fair pain and suffering calculation.
What Role Does Medical Evidence Play in Proving Pain and Suffering?
Medical evidence plays a substantial role in proving the pain and suffering you have endured. Medical evidence extends beyond just the medical services you have received and goes well beyond proving the economic damages you may be entitled to.
How Do Juries Typically Assess Pain and Suffering in Personal Injury Cases?
Juries will review your case’s facts, including all evidence related to your pain and suffering and economic losses. If the insurance company or other defendant has brought forward a proposed calculation, a jury can decide if factors such as the Multiplier method used to calculate your losses are accurate.
What Is the Difference Between Economic and Non-Economic Damages?
Non-economic and economic damages in Florida are types of compensatory damages designed to compensate you for the losses you’ve sustained because of someone else’s negligence.
Economic damages refer to the calculable losses that you’ve sustained. These are things that are generally easy to determine the value of.
Non-economic damages, on the other hand, are not easy to calculate and are not usually tangible in nature. Pain and suffering fall under the umbrella of non-economic damages.
Can Pain and Suffering Be Claimed for Emotional Distress?
Yes. You can seek compensation for pain and suffering under the umbrella of emotional distress because the two go hand in hand.
If you are seeking damages for pain and suffering, you will still need to be able to provide proof that you are the victim of emotional distress. Having experienced Tampa legal representation can help you collect critical evidence to prove your claim.
How Does the Severity of the Injury Impact the Calculation of Pain and Suffering?
Damages related to pain and suffering will range from victim to victim largely in part because the type of accident and injuries sustained will generally determine the severity of the injury and related pain and suffering. Generally speaking, the more severe the injury is, the more you will be entitled to compensation for pain and suffering.
For example, if a victim has sustained a traumatic brain injury, a spinal cord injury, or any other catastrophic injury that has resulted in a diminished quality of life, they will be eligible for greater compensation under the Multiplier method and Per Diem method.
Damages with these severe types of injuries often extend beyond just pain and suffering as well. With a severe injury, a victim may require more medical care and may be out of work for longer or permanently. These are all calculable losses from which a victim may recover economic damages.
How Does the Duration of Pain and Suffering Affect the Compensation Amount?
Under both the Multiplier method and the Per Diem method, the number of days you have been injured will impact the overall compensation you can pursue because of pain and suffering.
It can be difficult to determine which method should be used in your case to ensure you recover adequate compensation for your injuries. Because insurance compensation for pain and suffering may vary and may not adequately reflect the compensation you deserve, it’s important to work with an attorney who is well-versed in calculating pain and suffering in Florida, especially when it comes to severe injury compensation.
Can Pre-Existing Conditions Affect the Calculation of Pain and Suffering?
Yes and no. Some insurance companies may try to use your pre-existing condition against you when you calculate a settlement for your pain and suffering. This is where a Florida injury compensation attorney is critical. An attorney will work with you through the personal injury claim process, collect critical evidence, and build a robust case for your severe injury compensation.
Are There Caps on Pain and Suffering Damages in Florida?
Under Florida tort law 766.118, there is no cap on damages for pain and suffering for personal injury claims. However, there is a $500,000 cap on cases involving medical malpractice. In a personal injury case, you and your legal team will need to provide evidence that supports the non-economic damages you are pursuing.
What Documentation Is Needed To Support a Claim for Pain and Suffering?
While there is no cap on compensatory damages in Florida, including damages related to pain and suffering, you will still need to provide documentation that proves your claims of pain and suffering and other severe injury compensation. Compelling evidence can include:
- Medical bills
- Bills for counseling and therapy services
- Testimony from doctors, counselors, and other medical professionals
- Medical records, including X-rays, diagnostic documents, and other supporting documents
How Can a Personal Injury Lawyer Help Maximize Pain and Suffering Compensation?
When you work with an experienced Tampa personal injury attorney, you will have a skilled legal professional to fight for your rights. An attorney will collect critical evidence in your case, defend against low-ball offers, and represent your right in front of a judge or jury.
At the law office of Jack Bernstein, Injury Attorneys, our team is committed to providing quality legal representation to all victims in Tampa who have experienced pain and suffering because of another party’s negligence.
Contact our team to schedule your free case evaluation and get the legal representation you deserve.
Schedule your free case evaluation today.
Sources:
Fla. Stat §768.81 (2024).Lewis, L. (2024).
What Is a Pain and Suffering Multiplier?
Tampa Car Accident + Personal Injury Lawyers
For more than 40 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Throughout his career, Bernstein has been a strategist thoroughly dedicated to the idea of protecting the rights of his clients. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.
Mr. Bernstein has the experience and expertise to handle a wide range of injury cases. Among the types of plaintiffs Mr. Bernstein represents are individuals involved in car accidents caused by drunk drivers or other exhibiting negligence, medical complications resulting from carelessness caused by a physician or a medical facility, including brain injury, bicycle, motorcycle, moped and truck accidents, admiralty law and cruise ship accidents, accidental drownings, all types of wrongful death lawsuits, along with most injury, catastrophic occurrences and legal malpractice issues.
Our firm handles every type of personal injury and accident case, using negotiation and litigation tactics effectively. We handle cases throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. With a staff of approximately 40 people, including six lawyers and 34 support personnel, we have the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.
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