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How Pain And Suffering Compensation Is Calculated In Florida

Calculating damages after an accident is not easy. You will come across numerous websites that offer free calculators claiming to provide you with a ballpark figure of a settlement. The thing is, those calculators are not entirely reliable, and they often provide vague results.

When it comes to identifying how much compensation you are entitled to get following an injury, there are a lot of factors to consider, and one of them is comparative negligence. Comparative negligence determines the percentage of which both parties were at fault.

In Florida, the state follows a pure comparative negligence recovery system, which means that the amount of fault reduces the recovery in the accident. A percentage of the fault will be assigned to the plaintiff during settlement negotiations.

Moreover, a lot of factors come into play when it comes to personal injury cases, such as your marital status and the county where the accident happened. Aside from that, determining your degree of fault may be complicated, which is why you need to have a lawyer for this.

For Pain And Suffering

Pain and suffering is common in personal injury cases. It is the stress you experience from your injuries, which include physical pain along with emotional and psychological trauma. You can file an insurance claim to get pain and suffering compensation, which is separate from lost wages and other medical expenses.

There really is no standard method to calculate the monetary equivalent of pain and suffering because it depends on your experiences. Still, it’s essential to get an idea of how it is calculated. For one, insurance companies use the multiplier method. They multiply the total of medical bills related to your car accident injuries by a number from 1 to 5 to determine the pain and suffering amount.

The bottom line is that the more serious your injuries are, the higher the amount of compensation you can expect for your pain and suffering.

Strengthen Your Claim

Keep in mind that you also have to do your part if you want to get the compensation you deserve. You need to gather all of the pieces of evidence that can help strengthen your claim. Make sure you have the following:

• Medical Reports
• Prescription Receipts
• Over-The-Counter (OTC) Medication Receipts
• Medical Bills
• Proof Of Lost Wages
• A Log Of Your Medical Treatments, Any Type Of Pain Your Experience, And Missed Activities
• Photos Of Your Injuries

Talking to an insurance provider all on your own may be tricky, and they will likely give you a lowball offer. In some cases, they may intimidate you so that you don’t pursue the claim any longer.

If you have sustained injuries from an accident, it’s vital to ensure that you get proper compensation, especially if you are no longer fit to work or if it will take you a long time to recover. Hiring a personal injury attorney will be extremely helpful in this case as they will fight for you to get what you deserve. Fortunately, you won’t have a difficult time finding a personal injury lawyer in Florida.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

How Pain And Suffering Compensation Is Calculated In Florida

Goldman Babboni Fernandez
Murphy & Walsh

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