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Pain and Suffering Under Florida Law

Have you recently been injured in a slip-and-fall, auto accident, or similar incident? If so, and if you plan on seeking compensation for “pain and suffering” related to your accident and injuries, then it’s important to understand how Florida state law recognizes and determines pain and suffering in such cases.

What Exactly is Pain and Suffering?

Specifically, pain and suffering refers to compensation pursued for the aftermath associated with your accident. A good example of what might be considered a legitimate pain and suffering claim would be a situation where a car accident caused by somebody else’s negligence causes you to suffer from post-traumatic stress disorder (PTSD). As a result, you may be able to receive compensation for any special rehabilitation or other care you need to treat your PTSD.

Furthermore, if you’re unable to work or perform certain tasks because of your pain and suffering, you may also be entitled to additional compensation. Generally, any pain or trauma that a victim experiences not just as a direct result of an accident but as a long-term consequence can fall into the category of a pain and suffering claim.

Pain and Suffering According to Florida Law

One of the biggest challenges in pursuing compensation for pain and suffering in Florida is that it can be difficult to quantify how much you’re entitled to. Whereas pursuing compensation for your medical expenses is as simple as tallying up the costs of all your related hospital bills, putting a dollar amount of pain and suffering is not easy.

Fortunately, Florida law has laid out some specific determining factors and other aspects that are taken into consideration with these types of claims so accident victims and their lawyers can prepare accordingly.

One of the best things to document when proving pain and suffering is a written opinion from a doctor that provides information on existing and future pain and suffering expectation, as well as details on any medications or drugs prescribed for conditions like depression, anxiety, or PTSD following the accident. Some other documentation that can be extremely useful includes:

  • a written evaluation from a mental health professional
  • testimony from the victim him/herself
  • written opinions from family members and loved ones
  • written statements from other relevant experts

Furthermore, having a legal professional on your side to determine approximately how much you should pursue in pain and suffering compensation, as well as gather necessary statements and evidence, can be extremely helpful.

Pursuing compensation for pain and suffering can be difficult, but having the right legal team on your side can make all the difference. To set up a free case evaluation with Ginnis & Krathen, P.A., contact us at (954) 833-7044.

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