Pain and suffering damages are the compensation awarded for going through physical and emotional pain and anguish after an accident. These are considered because you wouldn’t have this type of pain if you couldn’t have sustained the injuries. There isn’t a specific measure of pain and suffering. The court uses the evidence that Florida workers compensation lawyers present to determine how much to be awarded.
An example of pain and suffering is if a father cannot play with his kids again. He continues to experience emotional pain. These are non-economic losses for which a person should get compensated. The pain can be present or future.
Examples of pain and suffering include:
- Constant headaches.
- Physical discomfort
- Loss of range of motion or paralysis
- Mental anguish
- Nerve damage
- Lack of energy
- Loss of appetite
- Mood swings
- Sleep disturbances
These conditions need a doctor to prove they exist. This is why it is advisable to visit the doctor when injured so he can assess you and find out what you are going through.
However, you need to prove that you are experiencing emotional pain and work with the lawyer to get compensated.
Calculating Suffering and Pain
To determine how much you get from the insurer, the lawyer has to come up with a figure. Here are a few ways Florida workers compensation lawyers use to determine how much you deserve.
The lawyer uses special damages to calculate how much compensation you deserve. These damages are economic losses, in this case, medical bills. These bills are then multiplied by the severity of the injury, usually rated from 1 to 4.
The multiplier uses all the factors that are related to the case, including the type of treatment that you receive during this period, the duration of recovery, permanent injuries, physical limitations, and the impact of the injuries on daily activities.
Per Diem Method
Another method by which Florida workers compensation lawyers can calculate damages for pain and suffering is using this method. The lawyer demands a specific dollar amount each day you have to live with the pain brought about by the injury. However, what you deem reasonable might not sound the same to the insurer.
The notion is that you get paid for the pain you experience, akin to being paid for loss of wages. This usually gives rise to a lot of contentions because most insurers don’t want to pay a daily amount for as long as the person is alive.
Talk to your lawyer to come up with the best way to handle the situation.
Your Lawyer Understands what You Are Going Through
While it is hard for you to calculate the value of damages in pain and suffering caused by an injury, working with qualified Florida worker’s compensation lawyers gives you some advantage over the insurer. We can prove that pain and suffering happened and help you get the settlement you deserve.