Calculating the pain and suffering an individual has experienced after
a serious accident is nearly impossible. Not only do injuries vary from
person to person, but circumstances and pain thresholds are also unique
to the individual. However, pain and suffering is a tangible aspect of
any claim and is a part of compensation. State laws differ in how they
award pain and suffering damages to injured individuals, but proving the
existence and extent of both physical and mental injury is necessary to
being compensated appropriately.
If you have recently experienced pain and suffering due to an injury, having
an experienced lawyer will make all the difference in pursuing just compensation.
For caring service and aggressive representation,
contact Jacksonville Injury Attorney Jack Krumbein.
What Constitutes Pain & Suffering?
Pain and suffering are grouped into mental and physical categories. Mental
pain and suffering includes feelings of fear, embarrassment, humiliation,
anger, depression, and other negative attitudes. Physical pain and suffering
includes pain and trauma at the time of the injury, projected future pain,
and the pain associated with limited physical activity.
Florida Threshold Requirements
Simply put, reasonable proof of pain and suffering is Florida’s threshold
requirement for compensation. Florida Law makes it very clear that injury
victims need to provide authentic evidence concerning physical and mental
pain and suffering. Especially in large-award claims, the injured individual
has to be considered honest and not in a habit of exaggeration or deceit.
The following are some examples of evidence you can collect to support
your pain & suffering claim:
- Prescriptions for medications taken for your injuries
- A written or personal statement from your treating physician
- Character evidence including testimony from employers/teachers
- Evidence of significant scarring, disfigurement, or permanent injury
- Family accounts of how the injury impacted you
- Evidence of loss of enjoyment or depression
- Your own testimony concerning your injury
These evidences could greatly improve your chances at a higher pain and
Who Determines Pain & Suffering Damages?
Many injury claims are resolved without needing to bring the case to a
courtroom. When parties cannot agree on an award however, a Florida jury
will determine compensation for an injury victim. Following a trial, jurors
debate on what they believe is proper compensation for the victim. All
the evidence, including testimonies from family and friends are weighed
before determining the amount. While the amount can be challenged, most
often, the judge will not question the amount unless it has no basis.
In this case, the jury will be asked to reconsider the evidence and construct
a new amount on behalf of the injured victim
A Trusted Jacksonville Personal Injury Attorney!
Unfortunately, settling for fair pain and suffering can be a difficult
process. Insurance companies often belittle or disregard the evidence
brought forth concerning pain and suffering because it isn’t as
tangible as physical injury. Convincing the jury to take pain and suffering
seriously requires the skilled experience of a
personal injury lawyer. Attorney Krumbein is ready to take your case. For a free initial consultation,
contact Jack Andreas Krumbein. With millions recovered and a track record of success, you can trust
his legal advice and experienced representation.