Pain and Suffering Damages in Car Accident Cases
Posted By Givens Givens Sparks || May 10, 2016
After a car accident, many individuals are unsure of what they can do to file a claim. Unfortunately, there are a number of injuries a person can sustain, but there are times when personal injury claims can cover other types of damages such as pain and suffering. There may be some people who may not understand what this is or what kind of compensation they can recover. This is where our Tampa car accident attorneys can help you.
At Givens Givens Sparks, we are dedicated to helping potential clients understand the damages they may be entitled to after a car accident. In some cases, pain and suffering may be covered for certain damages.
Florida law recognizes pain and suffering as either physical or mental. For physical pain, this can include the injuries sustained and long-term trauma the victim may endure as a result of the accident. Damages for physical pain and suffering may also include compensation for the inability to perform work duties or physical activities that the victim was able to perform prior to the accident. Mental pain and suffering may be considered any emotional trauma that the victim endured. This may include fear, depression, or any other emotion that impacts the victim’s way of life.
Determining the amount available as a result of a claim for pain and suffering can be difficult as it is categorized as a general damage claim. There are multiple factors that are considered when determining how much compensation may be paid for pain and suffering damages. These factors include, but may not be limited to:
- Severity of the injury
- Length of recovery
- Type of treatment
- Long-term impact of injury
- Emotional trauma endured
The value of the pain and suffering may differ and to file a claim, you must have significant evidence to present. This can include your medical records, the medical bills you received, any prescriptions you may have had to take, photographic evidence of the injuries, receipts for other medications, and proof that you missed time from work as a result of your injury. These can all be used in determining the validity of a pain and suffering claim, as well as providing valuation to the claim.
Florida Statute 627.737 states the following,
In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, or against any person or organization legally responsible for her or his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:
- Significant and permanent loss of an important bodily function.
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
- Significant and permanent scarring or disfigurement.
If you or someone you love has been injured as a result of a car accident, it is important to know what steps you can take to seek compensation. Many people are aware of the basic damages available in a claim, but not everyone understands pain and suffering. At Givens Givens Sparks, our team has the necessary knowledge and experience to help our clients navigate the complex legal system and seek compensation for all damages sustained as a result of negligence-related accidents.
Call our firm today and learn how we may be able to help you.