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It is difficult to explain pain and suffering in general and even more challenging to demonstrate in court. Florida provides a simple way for injured persons to file general damages claims, so litigants can get the compensation they need.
If someone is hurt, it makes sense that the person responsible should be liable for the injuries.
How can you determine the dollar value of a broken neck versus a hurt foot? How about an injury that gets better and one that never will? Imagine if the injury changed someone’s life.
Compensation for pain and suffering is often part of a general negligence claim against a person or corporation. The economic category includes out-of-pocket expenses like medical bills and lost wages. Non-economic (intangible) costs are more difficult to quantify, such as pain and suffering, mental anguish and humiliation, loss of consortium, and parental guidance.
Two types of suffering and pain can exist: the physical and the mental.
Pain claims can be challenging to prove because a medical scan cannot document pain.
Florida considers pain and suffering to be a “general damages” claim. The state allows an injured victim to present evidence in this area and gives the claimant some flexibility.
These damages are calculated using a variety of factors:
Pain is a subjective factor and an individual experience. In each case, it is unique.
To support a claim for pain or suffering, a claimant should use these types of documents:
It can be persuasive evidence to provide objective testimony about what the claimant could do before the accident and is unable to do after. Because everyone can relate to simple statements like “she can’t walk in high heels anymore” or “he can no longer sleep on his back,” it can still be persuasive evidence.
For a FREE pain and suffering consultation or case evaluation, call Gloria Seidule’s Law Office at 722-287-1220. Or contact us.