How is Pain and Suffering Calculated in a Personal Injury Lawsuit?
If you’ve been injured in a car accident, you are in pain. You are hurt all over and just want to feel better and probably have missed time from work. You may have depression or anxiety. The situation may have impacted your family. It is time to call a Tampa, FL personal injury attorney. When you are in an accident, it may not be your fault. If your accident is due to someone else’s negligence, they need to pay. It is nothing personal. It is a matter of getting that to which you’re entitled. Your lawyer will demand compensation for your pain and suffering. It is not a guarantee. He will have to prove your case. He will need to calculate and demonstrate that you have experienced pain and suffering.
If You’ve Been Injured, You Need a Tampa Personal Injury Attorney
Television and movies make it seem like you get millions for your pain and suffering. This is very rarely the case. Pain and suffering have to be proved just like other claims for damages. Thankfully, some damages are easy to prove, such as:
- Medical bills and future medical bills
- Lost wages
- Property damage
- Out-of-pocket costs
Proving pain and suffering is not so easy. Florida does recognize pain and suffering. That is the good news. Proving pain and suffering is another story. This is why it is so important to hire a good Tampa, FL personal injury lawyer.
What is Involved in a Personal Injury Lawsuit?
There are two types of damages in Florida. One is economic. These are the things we outlined above. They are measurable. They are not difficult to prove if you have documentation. Your attorney will present evidence to prove your economic damages.The other type is non-economic damages. The major type of non-economic damages is pain and suffering.
Your Tampa, FL personal injury attorney use the following to prove pain and suffering in Florida:
- How severe were your injuries? The more severe your injuries, the more money your lawyer can demand. The Lawyer will show just how much pain you were in and demonstrate how much pain you are still in. He may use expert witnesses to do this. He may ask you to testify. You may be required to sign an affidavit. None of this will be necessary if the lawyer settles the case. However,settling a case is never guaranteed. There are trials every day.
- What are the odds that your injuries will last long-term? If applicable, your Tampa personal injury lawyer will try to show that your injuries are long-lasting. He can demonstrate this using research. He can also do this using medical testimony. There is case law showing how much certain injuries are worth. Your attorney is familiar with these cases.
- How old are you? It sounds mean, but the younger you are, the more pain and suffering you will get. The court will look to see what you would have made in your entire working life. It will consider how many more years you will have to suffer. This is why large settlements usually involve younger people. The same is true for verdicts.
- Did you have any pre-existing conditions? If you had back issues before an accident, the other driver’s attorney will bring this up. He will argue that you had already acquired the injury before the accident. He will claim that the accident didn’t actually cause your injuries. The insurance company will do the same thing.
- How much were your economic losses? To calculate pain and suffering, the court will look to see what you lost. Did you lose your savings? Did you have to work twenty years to save that money? Have you exhausted all insurance coverage?
These are all things your attorney will try to prove.
How Can a Tampa Personal Injury Lawyer Help You?
Dealing with a car accident is hard enough. Don’t make it harder on yourself by going it alone. It is a good idea to consult a Tampa personal injury attorney. Once you have received medical treatment, call for a free consultation. The experienced personal injury lawyers at Winters & Yonker are ready to take your call. The consultation is absolutely free.
The lawyers at Winters & Yonker in Tampa, FL will review your case. The lawyers will give you an idea of how strong your case is. They may ask you to get additional documentation. They will ask you certain questions. Be honest. Your lawyer can only work hard for you if he has all the information. The consultation is free. And remember, you don’t pay until you win!