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Miami Injury Lawyer > Blog > Personal Injury > How To Get Compensation For Pain And Suffering In A Miami Personal Injury Claim

How To Get Compensation For Pain And Suffering In A Miami Personal Injury Claim

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When personal injuries happen, they can impact every area of your life. In addition to actual economic losses you experience in the aftermath, such as medical expenses and lost wages, there may be intangible, non-economic losses as well. These are generally referred to as pain and suffering. Our Miami personal injury lawyer explains more about these losses and how to get compensation for pain and suffering when filing a claim.

Pain and Suffering In Florida Personal Injury Cases

Personal injuries can happen in a variety of ways. Car accidents, sports or recreational accidents, and slips or falls are among the most common causes. When the negligent actions of others involved are to blame, you have the right to seek compensation for the damages you suffer as a result.

Under the Florida Statutes, there are two basic types of compensation you may be entitled to in a personal injury claim. Economic damages compensate you for tangible costs. This includes property damages, medical expenses, lost income, and future lost earnings or benefits due to long-term disabilities. Non-economic damages deal with the intangible losses that victims in personal injury cases often suffer. These include:

  • The physical pain associated with your injuries and treatment during recovery;
  • Impacts on mental health, such as increased anxiety, depression, and post-traumatic stress disorder (PTSD);
  • The emotional pain of dealing with scarring, disfigurement, or long-term disabilities resulting from your accident;
  • Lost enjoyment in life you and your loved ones experience as a result.

Evidence Needed To Prove Pain and Suffering

Whether you are entitled to non-economic damages in the aftermath of an accident will depend both on the circumstances surrounding your case and on the type of claim you file. For example, in order to claim pain and suffering, you must have suffered actual physical injuries. Also, non-economic damages are typically not available as part of an insurance settlement. You must file a personal injury lawsuit through the Miami-Dade County Civil Court.

Compensation for pain and suffering is typically calculated either by using a per diem (per day) rate or a multiplier, which will factor in any economic losses suffered. Evidence you will need   both in proving pain and suffering and to get the maximum amount in your personal injury claim includes:

  • Police reports, witness statements, and other evidence documenting the severity of your accident;
  • Medical records, showing the extent of the physical harm you suffered;
  • Statements from medical providers or therapists, explaining more about your injuries and your prognosis for recovery;
  • Statements from you, family, friends, and co-workers about the accident and its impact on other areas of your life.

Contact Our Miami Personal Injury Lawyers Today

Pain and suffering due to personal injuries can impact you and your loved ones for years into the future. At Pita Weber Del Prado, we help you get the maximum amount of compensation you deserve. To request a consultation with our experienced Miami personal injury lawyer, call 305-670-2889 or contact our office online today.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/Sections/0766.202.html#:~:text=(8)%20%E2%80%9CNoneconomic%20damages%E2%80%9D,losses%20to%20the%20extent%20the

miami-dadeclerk.com/ocs/

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