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Proving Pain & Suffering in Florida

pain logWhen you’ve been injured in any type of accident, whether it is a slip and fall, a car wreck, or a pedestrian accident, you may have suffered damages. Damages are defined as the amount of money needed to compensate an accident victim who has been harmed by another person’s negligence or misconduct. There are two general categories of damages:  economic and non-economic. Economic damages include medical bills, lost income and benefits, future lost income, loss of support and services, property damage, and any other economic loss arising from the accident. Non-economic damages include pain and suffering, mental anguish, and inconvenience.

Non-economic damages can be difficult to prove, since there is no set way to quantify them as we can quantify the loss of a car or a hospital bill. Consider pain and suffering, which is the legal term for physical and emotional stress that stems from your accident. Factors that you might consider in this category include aches, pains, temporary or long-term physical limitations, depression, scarring, or overall reduced quality of life.

It is important to note that the plaintiff has the burden of proof in a negligence case, which includes proving liability as well as damages. Since pain and suffering is challenging to prove, it is important for victims of accidents to document their feelings and experiences after an accident. Memories fade, and once time passes you may not remember how severely the pain disrupted your life. This is exactly why having a journal or pain log that keeps track of your injuries and how they adversely affect your daily life is critically important. Detailing the type of pain, the frequency of the pain, the duration of pain, the severity of the pain, and the feelings associated with the pain could truly make all the difference when it comes to proving pain and suffering in your case.

Lawyers typically use the following evidence to establish pain and suffering:  verbal testimony from the injured party, including written accounts by the victim, testimony from witnesses such as the victim’s family and friends, medical evidence, photographs, videos, and testimony from experts and treating physicians. The process is highly fact-intensive, which is why it is imperative to work with a lawyer who is well versed in personal injury law and understands what it takes to demonstrate pain and suffering.

The amount of financial compensation a plaintiff can recover for pain and suffering will vary depending on the nature and extent of the injuries, the type of medical treatment required, the length of recovery time, and the long-term physical, emotional, and psychological consequences of the injury.

If you’ve been hurt in any type of accident, you have the legal right to seek financial compensation for your injuries. We understand that getting in an accident can take a severe physical, emotional, and financial toll on your life. Seasoned South Florida personal injury attorney Robert Dixon is here to help. Our firm represents clients in Miami and throughout South Florida. Through our experience, we know what it takes to show non-economic damages in a particular case. If you’ve been in an accident and want to learn more about your legal options, you can contact us online for a free, no-obligation consultation or call us today at 1-877-499-HURT (4878).

More Blog Posts:

Understanding the Basics of “Catastrophic Injuries” Under Florida Law, South Florida Injury Lawyer Blawg, July 7, 2014

Understanding the Pure Comparative Negligence Law in Florida, South Florida Injury Lawyer Blawg, June 23, 2014

Liability in Rental Car Accidents in Florida – Adams v. Bell Partners, South Florida Injury Lawyer Blawg, June 23, 2014