Do you have reason to believe that you’re in a position to file a Florida personal injury claim? Are you wondering which steps you can take to obtain compensation for your losses? Are you concerned about securing enough money to manage all the damages related to your accident? On the plus side, there are many types of damages that move to the forefront during a Florida personal injury case. This gives you the opportunity to seek all the money that may be rightfully owed to you. Keep in mind however, that some damages are more difficult to collect than others, such as those for emotional pain and suffering. Our experienced Daytona Beach injury lawyer at Rick Kolodinsky, P.A. explains how to seek and prove pain and suffering damages in a Florida personal injury case.
The Cornell Law School Legal Information Institute defines pain and suffering as follows:
“Pain and suffering refers to the physical discomfort and emotional distress that are compensable as noneconomic damages. It refers to the pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies an injury.”
Building off that definition, pain and suffering injuries fall into one of two categories:
Understanding what constitutes pain and suffering will help you work with your Daytona Beach personal injury lawyer to formulate a plan for seeking and obtaining compensation for all your damages after an accident.
How much money can you sue for pain and suffering damages? The state of Florida does not have specific caps for pain and suffering. In other words, there’s no limit as to how much money you can seek by filing a lawsuit against the negligent party.
Since every personal injury case is unique, there’s no exact science to calculating pain and suffering damages. This is based largely on the specific details of the case.
However, there are two widely accepted methods of calculating damages:
There are pros and cons of both methods, so it’s best to consult with a good Daytona Beach personal injury lawyer about which one is right for your case.
It’s one thing to say that your accident resulted in physical and/or mental pain and suffering. It’s another thing entirely to prove this with the goal of increasing the likelihood of receiving maximum compensation for your injuries and related damages.
There are a variety of ways to prove pain and suffering after a Florida accident, including but not limited to:
There’s no such thing as too much evidence when trying to recover pain and suffering damages in a Florida personal injury case. The more evidence you can provide, the easier it is to prove to the insurance company or jury that you deserve to be compensated accordingly.
Keep in mind that since it can be hard to prove emotional pain and suffering, rather than seek damages on your own, it’s generally best to consult with an experienced personal injury attorney.
Our Daytona Beach injury lawyer at Rick Kolodinsky, P.A. is a Florida Board-Certified civil trial lawyer with more than 40 years of experience representing injured victims. If you need help seeking compensation for pain and suffering damages in a Florida personal injury case, look no further. Our attorney can answer all your questions, collect all the right evidence to prove your damages, and communicate with the insurance company on your behalf so you can focus on your health and recovery. Contact us online or give us a call to schedule your free consultation.
Mr. Kolodinsky has been honored by his induction into this prestigious nationwide organization of trial lawyers. Of some 900 lawyers in Volusia Country there are four lawyers so honored.
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