When people are injured in a car accident, they often worry about the financial consequences of the accident, such as how they are going to pay for their medical care or how much work they’re going to miss. Few ever consider the impact their physical pain and emotional suffering have had on their quality of life.
The facts are you can recover financial compensation to cover your medical bills and your lost wages, but you also deserve to be compensated for the pain and suffering you experienced as a result of the accident. After all, you would have never experienced any of those losses if it wasn’t for the reckless actions of another driver.
This guide is intended to explain pain and suffering as it relates to car accidents in Fort Myers. A car accident lawyer in Fort Myers can assist you further with a personal injury claim to recoup your losses.
Did You Experience Pain and Suffering After Your Accident?
Pain and suffering is a common legal term for a non-economic damage, and it represents any physical discomfort and emotional distress the injured party may experience during and after an accident. It can be recognized by any of the following symptoms:
- Chronic pain
- Soreness
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Loss of appetite
- Sleep disturbances
- Mood swings
- Fatigue
- Loss of consortium
- Emotional distress
- Mental anguish
Pain and suffering is seen as a reduction in the one’s quality of life since such symptoms often cause victims to make changes to their lifestyle, sometimes drastic changes. They affect victims in ways more than just recovering from physical injuries. They impede the victim’s ability to move, to sleep, to do the things they did before the accident, and victims deserve to be compensated for their effect on them.
Car Accidents Are Traumatic Events and Affect People Differently
There is no simple correlation between the type of motor vehicle accident and the pain and suffering the victim may experience. A pedestrian struck by a car may suffer tremendous physical pain as they recover in a full body cast but maintain high spirits, whereas another victim may be unable to ever get in a car again without reliving the rear-end collision that left them with whiplash.
How one person is affected by an accident may be quite different from another. A personal injury lawyer in Fort Myers will understand this and review your case accordingly. They can determine the value of your pain and suffering based on such evidence as:
- Medical records
- Psychological evaluations
- Personal diaries
With that evidence, they can come to a fair settlement value that compensates you for the pain and suffering in your claim.
Your Personal Injury Protection (PIP) Does Not Cover Pain and Suffering
Florida is a no-fault state that requires drivers to carry personal injury protection (PIP) and property damage liability (PDL) insurance policies. When you are in an auto accident in Fort Myers or anywhere in the state, you file an insurance claim with your insurance company. Your PIP will cover medical expenses and lost wages, but it does not cover pain and suffering.
However, under Florida Statutes § 27.737, if you have suffered injuries that have caused:
- Permanent loss of a bodily function or loss of limb
- Permanent injury
- Permanent scarring or disfigurement
- Death
You may file a personal injury lawsuit, which can include fair compensation for your pain and suffering. A personal injury law firm can assist you with a lawsuit.
How Your Lawyer May Calculate Your Pain and Suffering
There are multiple ways a personal injury attorney may use to calculate the pain and suffering in a case. Here are two examples:
Multiplier Method
This method requires adding all the financial losses in your case, such as medical bills, lost income, and property damage. An accident attorney then multiplies that total by a value between the ranges of 1.5 to 5. That multiple represents the severity of injuries and the time required to recover. The more severe the injury and the longer the recovery time, the higher the multiplier value.
Per Diem Method
With this method, an auto accident attorney, with the assistance of medical and financial experts, determines a daily dollar value for the pain and suffering and then multiples that value with the time to recover.
Protecting Your Right to Pain and Suffering
Our legal team advises accident victims to keep a journal of their physical and emotional recovery after an accident. This journal, in conjunction with your doctor’s and therapist’s reports, can be used to protect your right to claim pain and suffering. In addition, you can protect your accident claim in general by doing some of the following:
- Take pictures of the accident scene, your injuries, and the cars
- Obtain a copy of the police report
- Don’t admit fault to the at-fault party or the insurance company
- See a doctor and follow their medical treatment program
Call Us Today to Explore What Pain and Suffering You May Claim in Your Car Crash
Reach out to the Law Offices of Wolf & Pravato for a free case consultation today. Our law firm can discuss the legal process with you. There are no upfront fees, and our attorneys only get paid when you win.
Call (954) 633-8270 to get started.
