Calculating Pain and Suffering in Auto Accident Claims
In Florida, if you sustain a permanent injury, accident victims are entitled to compensation for non-economic damages, commonly referred to as “pain and suffering.” However, pain and suffering is subjective and not as straightforward to calculate as economic damages.
If you or a loved one have been injured in an auto accident, consult with a West Palm Beach personal injury attorney to learn what constitutes pain and suffering in an auto accident claim, how it is calculated under Florida law, and what factors influence the value of these claims.
What Is Pain and Suffering?
Pain and suffering refers to the physical and emotional distress a person experiences as a result of an injury. This can include a wide range of conditions, from ongoing physical pain and discomfort to mental health issues such as depression, anxiety, or post-traumatic stress disorder (PTSD). Unlike medical bills or lost wages, pain and suffering cannot be directly quantified, making it more challenging to calculate.
In the context of a Florida auto accident claim, pain and suffering is categorized as a form of non-economic damages, meaning it compensates for losses that are not financial in nature. Non-economic damages are intended to address the personal, often life-altering, impact of an injury. While there is no clear-cut formula for calculating these damages, courts and insurance companies rely on several key factors to assign a value to pain and suffering claims.
How Pain and Suffering Is Calculated in Florida
Florida law allows accident victims to recover damages for pain and suffering under Florida Statute Section 627.737 if they have sustained a permanent injury, but the state does not have a fixed formula for calculating these damages. Instead, the value of a pain and suffering claim is typically determined based on the severity of the injuries and the overall impact the injuries have on the victim’s life.
More specifically, Florida’s Standard Jury Instruction, 501.2(a) states that “any bodily injury sustained and any resulting 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” may be recoverable. However, the instruction goes on to state that “there is no exact standard for measuring such damage. The amount should be fair and just in light of the evidence.” What constitutes fair and just in light of the evidence is up to the jury to decide.
Factors That Influence the Value of Pain and Suffering Claims
Several factors determine the value of a pain and suffering claim. Because these damages are subjective, Florida courts and insurance companies rely on tangible evidence and expert testimony to assess the appropriate amount of compensation.
Severity of the Injury
One of the most important factors in calculating pain and suffering is the severity of the injury. More serious injuries, such as traumatic brain injuries, spinal cord damage, or broken bones, typically result in higher pain and suffering awards. This is because severe injuries often involve ongoing physical pain, multiple surgeries, lengthy recovery periods, and permanent disabilities that drastically impact the victim’s quality of life.
For example, a victim who suffers a spinal cord injury and becomes partially paralyzed is likely to receive a much higher pain and suffering award than someone who sustained a minor fracture that heals within a few weeks.
Impact on Daily Life and Activities
Another key consideration is how the injury affects the victim’s ability to perform daily activities and enjoy life. If an injury prevents someone from engaging in activities they previously enjoyed, such as playing sports, working, or spending time with family, this loss of enjoyment is considered part of their pain and suffering.
Courts will look at how the injury limits the victim’s mobility, ability to work, and overall independence. If an injury leads to chronic pain, reduced mobility, or the need for lifelong medical care, these factors will increase the amount of compensation for pain and suffering.
Duration of Recovery
The length of time it takes for the victim to recover from their injuries can also influence the value of a pain and suffering claim. Injuries that require months or even years of recovery are likely to result in higher compensation compared to injuries that heal within a few weeks.
Long-term injuries that leave the victim with ongoing pain or disability are considered more severe in terms of pain and suffering. If the injury leads to a permanent condition, such as chronic pain, the victim may also receive compensation for future pain and suffering as well.
Medical Evidence and Testimony
To support a pain and suffering claim, it is essential to provide medical evidence that documents the injury and its effects. This can include medical records, doctor’s reports, and expert testimony from healthcare professionals who can explain the severity of the injury and the expected long-term impact on the victim’s life.
Additionally, expert testimony from mental health professionals may be used to support claims of emotional distress, anxiety, depression, or PTSD resulting from the accident. This is particularly relevant in cases where the victim experiences significant psychological trauma, such as after a fatal accident or a collision involving severe injury.
Pre-Existing Conditions
If the victim had pre-existing conditions or injuries prior to the accident, this could influence the pain and suffering calculation. While a defendant in Florida is still responsible for aggravating a pre-existing condition under the aggravation of a pre-existing condition jury instruction 501.5(a), the extent to which the accident worsened the condition will be considered when determining damages.
Contact Smith, Ball, Báez & Prather
If you’ve been injured in an auto accident and are seeking compensation for pain and suffering, it’s essential to work with an experienced personal injury attorney who can help you navigate the claims process. At Smith, Ball, Báez & Prather, we understand the complexities of seeking pain and suffering damages and will fight to ensure you receive the full compensation you deserve. Contact us today for a consultation to discuss your case and your legal options.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html
