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What Exactly is “Pain and Suffering” in a Personal Injury Case?

What Exactly is “Pain and Suffering” in a Personal Injury Case?

According to personal injury law, “pain and suffering” is a specific type of damages that the injury victim or plaintiff can seek compensation for.  The at-fault party that caused the plaintiff’s injuries or their insurer is responsible for compensating them.  The legal purpose behind claiming pain and suffering damages in a personal injury case is to compensate the injury victim for enduring difficulties that result from their injuries.

Florida Standard Jury Instructions

According to Florida Standard Jury Instructions (FSJI 501.2), an injury victim can claim compensation for “pain and suffering, disability or physical impairment, disfigurement, mental anguish, inconvenience, or loss of capacity for the enjoyment of life experienced in the past or to be experienced in the future.”  Pain and suffering is an example of non-economic or non-monetary damages that cover less tangible losses and have little to do with the injury victim’s (plaintiff’s) financial losses.

Non-Economic or Non-Monetary Damages

How much would it be worth to you if you were unable to pick up and hold your son or daughter because you were in too much pain? What amount of compensation would pay for your inability to go jogging or swimming without feeling any pain? Examples of non-economic or non-monetary damages include:

  • decreased quality of life
  • emotional distress or mental anguish
  • impairments and injuries
  • loss of companionship, consortium, or relationship (as in a wrongful death case)
  • pain and suffering

If you’ve suffered injuries in an accident that was caused by another person’s careless behavior, you have the right to file a claim or lawsuit for compensation.  A personal injury attorney can evaluate your case and determine how much you should be compensated for your pain and suffering.

Proving Your Pain and Suffering

Your attorney can assist you in gathering the evidence and relevant documents needed to prove your pain and suffering such as:

  • Documented judgment of an expert that testifies to the pain and suffering experienced by other individuals with similar injuries
  • Records of medications that were prescribed for your physical or mental conditions
  • Written opinion of a mental healthcare professional regarding your psychological state as well as your mental pain and suffering
  • Written opinion of medical professionals that testify to and verify your physical pain
  • Your testimony that details your pain and suffering (juries are often moved by how your injuries have impacted your quality of life

We are here to help you get compensated for your injuries, so get your case evaluated by our lawyers. For more information about pain and suffering damages in a personal injury case, call the Graves Thomas Rotunda Injury Law Group today at (772) 569-8155.

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