Pain and suffering damages are a significant component of many personal injury cases in Florida. These damages compensate an injured party for the physical and emotional distress caused by an accident. Unlike medical bills or property damage, pain and suffering do not have a set price. Florida law provides guidelines, but ultimately, it is up to the court to determine how much compensation is appropriate.
Factors considered in calculating pain and suffering
Florida courts look at several factors when determining the amount of pain and suffering damages. One of the most important is the severity of the injury. More serious injuries, such as those that result in permanent disability, disfigurement, or chronic pain, typically lead to higher pain and suffering awards. Additionally, the impact the injury has on a person’s daily life, including their ability to work, engage in hobbies, or perform basic tasks, is taken into account.
The multiplier method
One common method used to calculate pain and suffering in Florida is the multiplier method. This approach involves multiplying the total of the individual’s medical expenses by a factor that typically ranges from 1.5 to 5, depending on the severity of the injury.
For example, if medical bills amount to $10,000 and the injury is considered severe, the multiplier might be 3, leading to a pain and suffering award of $30,000.
The per diem method
Another method used in Florida is the per diem method. In this approach, a daily rate is assigned for the person’s pain and suffering. This rate is then multiplied by the number of days the individual is expected to experience pain. The per diem method is often used for injuries that result in a known recovery period.
Pain and suffering damages are complex, and the specific amount awarded will depend on many variables. An experienced personal injury attorney can help ensure fair compensation for those who have been injured.