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How are Pain and Suffering Damages Calculated?

You can get help from a personal injury attorney if someone’s neglect causes you physical and emotional harm. Some laws protect the injured party so that they can obtain compensation and cover their medical bills. A person is entitled to one or two types of payment: compensatory damages and punitive damages. It’s important to understand the difference between the two, and how to go about proving each one to the insurance company.

Compensatory Damages

Compensatory damages compensate for all the expenses that you accrued in the incident. The attorney would want to review your hospital bills, recovery expenses, and auto-related expenses if you were involved in a vehicular incident. A person can also claim lost wages if they missed work because of injury. Your lawyer will also have to weigh your percentage of fault to determine how it may affect the settlement.

These costs are easily calculated, mainly if you take the correct steps directly after an accident. Obtaining police reports, medical paperwork, and other proofs are vital to this situation.

Punitive Damages

Punitive damages are different from compensatory damages because they send a message to the offender. The judge rules that the offender pay additional money for the heinousness of the neglectful offense. There is no scale for punitive damages. Rewards are allocated on a case-by-case basis. The only stipulation is that you must qualify for compensatory damages to be eligible for punitive damages.

Pain and Suffering Damages in a PI Case

When a person sues for pain and suffering, it’s usually just a part of the broader claim. Known as non-economic damages, this type of injury is harder to prove. No set amount is on a bill. These must get calculated by a lawyer or the insurance company. A person is eligible to receive this type of payout if they can prove emotional distress, mental anguish, or humiliation. Any requests for loss of consortium fall under this category.

Proving Pain and Suffering Claims in Court

Pain and suffering are physical in some cases. Injuries that affect a person’s ability to work, take part in favorite activities, or otherwise impact daily life are traumatizing and deserve compensation. Florida allows claimants to defend themselves and bring evidence into court that would help establish a cost for this type of claim. For a judge or insurance company to take this case seriously, you can obtain a doctor’s note, rely on witness testimony (for example, family or coworkers), or paperwork from a mental health professional.

Get Help From Experienced Attorneys

If you sustained a lasting injury that impacts your life, contact a personal injury lawyer for a free case evaluation. Our team of Fort Lauderdale car accident lawyers at Salpeter Gitkin, LLP has decades of combined experience helping Florida residents obtain just compensation for their injuries. Our lawyers are ready to answer any questions you have about your case. Call us at 954-467-8622 to speak to an attorney today.

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Our Head Attorney
Willaim Henderson

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