When you have been involved in any type of accident that was not your fault, you are entitled to receive compensation for your injuries and losses. Some of the forms of compensation include medical expenses, lost wages, and future financial losses that are a result of the injury.
Many injuries will also allow you to seek pain and suffering damages. These are non-economic damages and are different for every case. Your personal injury attorney will explain to you if pain and suffering claims can apply to your case.
How Much Money Can You Sue For Pain And Suffering?
It is a very common question to ask your attorney how much is pain and suffering worth. After all, you are the one who is suffering, and you have the right to know. Sadly, the answer is not simple. Pain and suffering, and emotional distress are very unique types of compensation, and many factors are used to determine the amount.
You have probably seen advertisements that show pain and suffering settlement examples that are for very high amounts of money. Those advertisements, however, do not show what that person has actually experienced and why that payment was so high.
Some Of The Factors Considered For Pain And Suffering Compensation
- Medical Bills. This may seem unusual, but there is a lot to be said about the medical costs of treating an injury. For example, suppose a person has been undergoing intensive medical care for six months and has over 10 million in medical expenses. In that case, it is easy to see that they have extensive injuries and have experienced a lot of pain and suffering.
- The Injuries. A broken arm causes pain and suffering; this is no lie. However, a person who loses a limb in an accident has a much larger pain and suffering threshold. You must look at the severity of the injuries when calculating this type of compensation.
- The Injury Victim. Injuries are as unique as the individual. One person may suffer greatly from an injury that does not seem to affect another person the same way. Attorneys must be able to see how the injuries are actually impacting the person, not just guessing how the victim is dealing with the pain and suffering.
Other factors, of course, are used to determine the amount of pain and suffering in any case. Speak with your attorney to see if this compensation applies to your claim and the amount they will request.
Can You Sue Someone For Loss Of Enjoyment Of Life?
Yes. In many cases, this is part of the emotional distress lawsuit settlement amounts. Your attorney will show how your injury has had long-term effects on your life and that you should be compensated for those losses.
For example, a person who can no longer walk without assistance because of injuries received to their leg or legs may suffer from a loss of enjoyment of life if they were an avid hiker before the accident. A person may lose the loss of enjoyment of life because they now have disfiguring scars from an accident or because they can no longer do the things they once enjoyed in life.
In most cases, loss of enjoyment of life is usually incorporated into the pain and suffering and mental anguish category. However, some attorneys may make it a separate form of compensation.
Your attorney will explain to you all the types of compensation that you are entitled to based on the facts of your case.
Restrictions On A Pain And Suffering Settlement
It is important to know that there are times when the courts prohibit pain and suffering compensation because of state laws. Some states also have caps on pain and suffering amounts. Other states, like Florida, will not give pain and suffering settlements to workers’ compensation claims. The law will play a part in determining your settlement.
For The Best Information Speak To A Personal Injury Attorney
Since pain and suffering is a complex issue that is affected by everything from state laws to the types of injuries you received, the best way to find out how this compensation applies to you is to speak with an injury attorney.
Your attorney will be able to give you a clear answer to the types of compensation you are entitled to for your injuries, as well as a general idea of the amounts you may expect to receive.
For a free case consultation, contact the Florida personal injury lawyers at Landau Law today!
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