Category: Pain & Suffering

Pain & Suffering – What’s it Worth?

Car Accident Lawyer Delray Beach FL

Clients who meet with a car accident lawyer Delray Beach FL residents trust from the law office of Eric H. Luckman, P.A. may ask whether they can sue for pain and suffering in an accident or medical malpractice case. The short answer is yes. However, there are other factors that go into pain and suffering claims and the potential for monetary awards. These are things you need to take into consideration if you are thinking about bringing a pain and suffering lawsuit.


Pain and Suffering Damages
First of all, you need to understand what pain and suffering means in Florida. It is a type of monetary damage you can receive if you are in physical pain or emotional pain or both after being injured. Pain and suffering damages are separate from compensatory damages for medical bills incurred in your injury. This means that in some personal injury cases, you may be able to get two separate awards…one for your medical bills and lost wages, and one for pain and suffering.

Sometimes, if your pain is considerable and ongoing or chronic and you have to take medication for it on a regular basis, your pain and suffering award may be more than your medical bills and lost wages award. If this rings true for you or a loved one, please contact a car accident lawyer Delray Beach FL injured victims can rely on for quality legal services immediately for support.

Florida Laws
The law in Florida recognizes how terrible it is to be in pain. Pain and suffering damages in personal injury cases are often referred to as non-economic damages. This is because pain and suffering awards are monetary awards that are not meant to compensate you for money you paid out of pocket or owe. It is money meant to compensate you for non-economic damages, including pain and suffering, mental anguish and the loss of the ability to enjoy life.


Compensation

The amount of money you may get in a pain and suffering award varies greatly from case to case. It all depends on how much physical and/or emotional pain you are in, how long it is expected to last, and the circumstances of your injury. While monetary awards to cover medical bills and lost wages are calculated precisely, based on actual sums you can write on paper, pain and suffering awards are based on a lot of intangible factors.

Furthermore, pain and suffering awards can compensate you for future pain and suffering, such as with an injury that is expected to hurt or have flare-ups of pain for decades down the road, or even for the rest of your life.


Bringing a Case Forward
Of course, as with anything to do with the law there are limits on bringing pain and suffering claims in Florida. In fact, the area of awarding pain and suffering damages is a highly complex area of Florida law. In most cases, the injury must be significant to ask for pain and suffering damages. In the cases of automobile accidents, you may ask for such damages, but only under certain circumstances. These circumstances include injuries resulting in:

  • Significant scarring or disfigurement; or
  • A permanent injury; or
  • The loss of a bodily function, such as bladder control, or something similar; or
  • Accidental death, in which case, the closest next of kin of the victim may request pain and suffering damages for the loss of their loved one


Again, the amount of money you can get will vary by your case. A car accident lawyer Delray Beach FL clients turn to at the law office of Eric Luckman, P.A. is Board Certified in Civil Trial Law by the Florida Bar and has been serving accident and injury victims for more than 32 years. He earned the distinctive “AV” Martindale-Hubbell rating, an indicator of a lawyer’s “high ethical standards and professional ability,” and was named as a “Florida Super Lawyer” in 2008, 2009, 2011 and 2014.

Scarring and Disfigurement

Devastating injuries from a car accident can result in permanent change to your appearance, including disfigurement and scarring. A car accident lawyer Delray Beach FL residents trust can imagine the embarassment and emotional anguish you have endured, especially if your scarring or disfigurement cannot be hidden by clothing. For some victims of car accidents, the disfigurement impacts their ability to obtain employment and enjoy their lives to the fullest extent. 

As Eric H. Luckman, P.A. may explain during a consultation, scarring or disfigurement that occurs in a visable area, such as the neck, hands, or face, are more likely to be viewed by a jury as harmful (compared to the back, stomach, or legs). Scarring can cause inflexibility to that damaged area of skin. For instance, if you have scar tissue built up near a joint, the increased thickness of the skin may contribute to loss of mobility, in addition to cosmetic changes. Other changes related to scarring can include nerve sensitivity or complete loss of feeling, along with immense mental and emotional distress. 

If you or someone you love has disfigurements or scarring because of another’s negligence, then you may be entitled to receive substantial monetary compensation from the party at-fault. If it was a car accident and the person who drove carelessly was particularly reckless, which caused your injuries to happen, you may be eligible for punitive damages too.

Records for Scarring or Disfigurement 

To help your case when pursuing pain and suffering damages, the more documentation you have, the better. Make sure that your doctor has noted it in your medical records and whether it is permanent or a residual effect. It also helps if your treating doctor wrote down whether the disfigurement or scar has an impact on function. These medical records can support your claim to the defendent’s insurance company, and can influence the jury when seeking compensation in court. 

If you have been seen by a doctor regarding removing a scar, you must note this in your discovery answers. The defendant and his or her counsel may subpoena the doctor, in which a deposition will have to be provided. Because the doctor’s testimony is more likely to weigh in your favor, the opposition may attempt to undermine his or her credibility as a doctor, or counter with an opposing expert. A car accident lawyer Delray Beach FL clients trust can offer aggressive strategy from start to finish.

One question clients may ask is how scarring or disfigurement is valued monetary. Every situation is different, so there is not one straightforward answer that will apply to every person. To help your car accident lawyer Delray Beach FL injured clients depend on from Eric H. Luckman, P.A. calculate a potential monetary award, he will need as much evidence as possible pertaining to the incident and your injuries, including photographs, police reports, witness statements, etc.

Contact Our Law Office Today
Attorney Luckman’s practice areas include personal injury, insurance and disability claims, long term care claims and insurance law. There are no legal fees in contingency fee cases and no fees at all unless your case is successfully resolved through negotiation or court award. For a complimentary case review, call Attorney Eric Luckman at (561) 867-6010.


Contact a car accident lawyer Delray Beach FL families trust at the law office of Eric H. Luckman, P.A. today about your case to see if you can claim pain and suffering damages, and if so, how much your case may be worth.