What Are Considered Pain And Suffering Damages in Florida?
If you have recently been injured, you may find yourself wondering what types of damages you might be entitled to if you decide to file a personal injury lawsuit. The following article will discuss a certain type of damages that are awarded in many personal injury cases in the state of Florida, which are pain and suffering damages.
What types of pain and suffering damages are available in Florida?
In Florida, pain and suffering damages are typically divided into two main categories, which are physical pain and suffering and mental pain and suffering.
- Physical pain and suffering: Physical pain and suffering damages provides compensation to the victim after taking into account the specific pain caused by the injury (both currently and in the future), as well as the newfound difficulty of performing the physical activities that the victim used to freely be able to perform. Certain injuries (such as fractured bones, burns, amputations, and deep cuts) can inflict nearly unbearable pain and suffering for long periods of time, or even for the rest of the victim’s life. As such, these victims deserve to be compensated for these physical injuries. Some common examples of injuries that typically result in physical pain and suffering include the following:
- Broken bones
- Nerve damage
- Back injuries, including slipped disks
- Neck injuries
- Muscle strain or sprains
- Pulled muscles
- Head injuries, skull fractures, and other causes of headaches
- Spinal cord injuries
- Spine fractures
- Facial trauma
- Acoustic trauma
- Crush injuries
- Broken or dislocated jaws
- Cuts and puncture wounds
- Collapsed lungs
2. Mental pain and suffering: Mental pain and suffering damages provide compensation for the various negative emotions resulting from both current and future injuries. These types of injuries can be as bad, and sometimes even worse, than some physical injuries. Some common examples of mental pain and suffering include the following:
- Cognitive changes after a head injury
- Distress (including the stress caused by physical injuries or disabilities)
- Psychological trauma
- Posttraumatic stress disorder (PTSD)
- Loss of sleep
- Lost enjoyment of life
- Diminished quality of life
- Loss of love and affection
- Loss of companionship
- Loss of parental guidance
- Loss of spousal intimacy
- Loss of household services
How can I prove the severity of my physical or mental pain and suffering?
The pain and suffering damages you will be entitled to receive will depend largely on your ability to provide evidence of the severity of your pain and suffering. As such, you should consider adhering to the following tips:
- If you have pain or discomfort and are being treated by a physician, make sure you convey all the details of your pain and suffering to the physician so that this information will be noted in your medical records.
- If you believe that you need medication to control your pain or discomfort, make sure that you ask for it.
- If you are suffering continued pain or discomfort but do not have any further medical appointments scheduled, consider scheduling one yourself in order to ensure that your ongoing problems are documented.
- If your pain or discomfort is interfering with your ability to lead your normal life, make sure that you write down any daily activities you are unable to do or that you are having difficulty doing because of your injuries.
- If your injuries are visible (i.e., wounds, swelling, discoloration), make sure that you photograph them regularly and enable the “date stamp” function on your phone or camera.
- Maintain a contemporaneous log or diary of everything you experience as a result of the accident (i.e. missed work, headaches, bouts of anxiety, sleepless nights).
Are You Looking for a Personal Injury Attorney? Look No Further.
If you were recently injured in an accident, Rosen Injury Law, P.A. can help. Our experienced Fort Lauderdale personal injury attorneys will answer any questions you may have about filing a lawsuit and who will help you build a strong case so that you can receive the compensation you deserve.