How to Calculate Damages: Pain and Suffering Explained

When pursuing a personal injury claim, determining how to calculate damages is one of the most complex aspects. This includes accounting for pain and suffering, which often plays a significant role in securing fair compensation for the injured party.

What is Pain and Suffering?

What is pain and suffering? In legal terms, pain and suffering encompass physical and emotional distress caused by an injury. Physical pain refers to the discomfort and limitations resulting from injuries, while emotional suffering might include anxiety, depression, or loss of enjoyment of life.

In Florida, pain and suffering are considered non-economic damages. Unlike economic damages tied to quantifiable expenses such as medical bills or lost wages, non-economic damages are subjective and more challenging to measure.

For instance, a catastrophic injury that leaves someone permanently disabled may involve significant pain and suffering, impacting their quality of life for years to come.

Examples of Pain and Suffering

Understanding examples of pain and suffering can help illustrate what may qualify as compensable under Florida law. These include:

• Physical Pain: Chronic discomfort, nerve damage, or ongoing pain from an injury.
• Emotional Distress: Conditions such as post-traumatic stress disorder (PTSD), anxiety, or depression resulting from the accident.
• Loss of Enjoyment of Life: Inability to participate in activities or hobbies enjoyed before the injury.
• Permanent Disfigurement or Disability: Scarring, loss of mobility, or other permanent physical changes.
• Loss of Consortium: Impact on relationships with a spouse or family members due to the injury.

Each of these factors can be presented as part of a pain and suffering claim, highlighting the lasting effects of an injury beyond physical recovery.

Calculating Pain and Suffering Damages

Calculating pain and suffering damages involves assessing the extent and impact of the injury. In Florida, there are two primary methods for determining the value of these damages:

1. Multiplier Method: This approach involves multiplying the total economic damages (e.g., medical bills, lost wages) by a number typically between 1.5 and 5. The severity of the injury influences the multiplier, with more serious injuries warranting a higher figure. For example, if economic damages total $50,000 and the injury is severe, a multiplier of 3 may be applied, resulting in $150,000 for pain and suffering damages.
2. Per Diem Method: This method assigns a daily monetary value to the pain and suffering experienced and multiplies it by the number of days the individual has suffered. For instance, if the daily value is $200 and the individual has suffered for 300 days, the total would amount to $60,000.

While these methods provide a framework, the final calculation often depends on the persuasiveness of the evidence and the negotiation skills of your legal team.

Gathering Evidence for Pain and Suffering Claims

Substantial evidence is essential when pursuing pain and suffering claims. To build a compelling case, consider the following:

• Medical Records: Document the extent of physical injuries and ongoing treatments or rehabilitation efforts.
• Expert Testimony: Medical professionals, psychologists, or other experts can provide insight into the severity of your injuries and their impact on your life.
• Personal Testimony: Journals or written statements detailing daily challenges and emotional struggles can help demonstrate the injury’s effect.
• Photographs and Videos: Visual evidence of injuries, treatment, and recovery can convey the impact more effectively than words.
• Statements from Family and Friends: Loved ones can testify to changes in your mood, behavior, or ability to participate in activities.

Gathering and presenting this evidence can significantly strengthen your pain and suffering damages claim.

Contact Slinkman, Slinkman & Wynne, P.A.

Calculating damages, especially pain and suffering, requires careful consideration and legal expertise. At Slinkman, Slinkman & Wynne, P.A., we have extensive experience helping Florida residents secure the compensation they deserve for catastrophic injuries and wrongful death cases. Contact us today to discuss your case, and let our personal injury lawyers guide you toward a fair resolution.