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

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


Reckless and negligent behavior on the part of others can leave you suffering serious personal injuries. In addition to the impacts on your physical health and your ability to provide for yourself and your family, your injuries may result in extreme suffering and emotional pain as well.

In holding those at fault accountable, our Miami personal injury lawyer explains how you may be entitled to non-economic damages. These compensate you for pain and suffering.

The Right To Compensation For Pain And Suffering

According to the Centers for Disease Control and Prevention (CDC), close to 100 million people visit hospital emergency rooms each year as a result of personal injuries. In many cases, negligence on the part of other people involved is ultimately responsible. In this situation, you have the right to hold them accountable either through an insurance claim or a personal injury lawsuit.

In addition to compensation for your medical costs, lost wages, and other tangible expenses, you may also be entitled to compensation for the pain and suffering you experience. Pain and suffering generally includes:

  • The physical pain you experience at the time of your accident and during your recovery;
  • Any lasting pain and discomfort due to long-term disabilities;
  • Mental anguish due to your accident, including conditions such as Post-Traumatic Stress Syndrome (PTSD);
  • Lost enjoyment in life if your injuries prevent you from engaging in or enjoying your prior activities.

Calculating Pain And Suffering In A Personal Injury Claim

Under the Florida Statutes, pain and suffering in a personal injury claim are categorized as non-economic damages. As opposed to economic damages, which are actual costs you incur due to an accident, non-economic damages compensate you for intangible losses.

If you are involved in an accident and either file an insurance claim or a personal injury lawsuit,

you may be entitled to compensation for pain and suffering as a part of any settlements or jury awards. There are two general methods used to put a dollar amount on pain and suffering:

  • The multiplier method: This involves calculating the total amount of your economic damages and a multiplier for non-economic damages. For example, if medical expenses and lost wages total $50,000 and your multiple is 1.5, you would be entitled to $75,000 for pain and suffering.
  • The per-diem method: The per-diem approach calculates a per-day dollar amount for pain and suffering, then multiplies that by the amount of time it will likely take for the victim to completely recover. For example, if the per-diem amount is $100 and you are likely to suffer impacts for the next five years, you may be entitled to over $180,000 in non-economic damages.

Our Miami Personal Injury Lawyer Helps You Get The Maximum Amount In Your Claim

At Pita Weber Del Prado, our Miami personal injury lawyer is dedicated to getting you the maximum amount in your claim. This includes economic damages and non-economic damages, which compensate for pain and suffering. To discuss your case, call 305-670-2889 or contact our office online and request a consultation today.




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