Calculating pain and suffering damages in Florida can be complex. These non-economic damages, which aim to compensate victims for the physical distress and emotional toll caused by an injury, are subjective and lack a clear-cut formula. Understanding how these damages are assessed and the factors that influence their value is crucial for anyone pursuing a personal injury claim. Given the intricacies involved, it’s in your best interest to consult with our experienced Bradenton Personal Injury Lawyers to ensure your rights are safeguarded and you receive the full compensation to which you are entitled.
How Do Florida Courts Calculate Pain and Suffering Damages?
Unlike medical bills and lost wages, which are readily quantifiable, pain and suffering are considerably more subjective. Consequently, Florida courts offer greater flexibility in determining equitable compensation on a case-by-case basis. The court will assess the severity of the injury, whether the injury is temporary or permanent, and the impact of the injury on the victim’s daily activities.
The Sunshine State doesn’t use an official formula for calculating pain and suffering damages. Insurance companies usually rely on their own methods to determine a figure:
- The Multiplier Method: This is the most common approach for calculating pain and suffering damages in Florida. This method involves adding your economic damages and multiplying that sum by a factor, typically between 1.5 and 5. Less severe injuries will warrant a lower multiplier, while catastrophic injuries receive higher multipliers. For example, if your economic damages add up to $40,000 and you use a multiplier of 3, your pain and suffering would equal $120,000.
- The Per Diem Method: This less common approach assigns a daily monetary value to your suffering and multiplies it by the number of days you have experienced pain, recovery, or limitations. For example, if you assign a daily dollar value of $200 and you suffered for 180 days, your pain and suffering would equal $36,000.
Are There Caps on Pain and Suffering Damages in Florida?
For most personal injury cases in Florida, there are no limits on pain and suffering damages. This allows juries or insurance settlements to award compensation that accurately reflects the injury’s impact.
Historically, non-economic damages in medical malpractice cases were capped. However, the Florida Supreme Court has struck down most caps as unconstitutional, asserting that they infringe upon the equal protection clause by unfairly limiting compensation for seriously injured patients.
Nevertheless, if a verdict is excessively high compared to the presented evidence, the presiding judge retains the discretion to reduce it. Therefore, it’s crucial to gather strong evidence for your claim, such as medical records, therapist notes, and testimony detailing how the injury has affected daily life, relationships, and your ability to work.
If you or a loved one has been injured due to another party’s negligence, please don’t hesitate to contact an attorney at Becker & Lindauer, LLC, who can help you fight for the justice you deserve.
