If you’re preparing to file a claim after a car accident in Florida, you may already know that compensation is possible for medical costs and lost wages. However, Florida car accident compensation may also include a less cut-and-dry element: pain and suffering.
How does pain and suffering work in settlements, and can a Florida car accident lawyer help you claim higher compensation than you would receive on your own?
What Is Pain and Suffering?
Pain and suffering (a.k.a. non-economic damages) refers to any effects of your accident to which you can’t easily assign a dollar value. These may include physical pain, traumatic flashbacks, the distress you feel when you look at your scars, and the inconvenience of depending on others for daily tasks.
In contrast, economic damages, like medical bills and lost wages, are quantifiable. A Florida car accident lawyer can help calculate your past accident-related expenses and losses and estimate any prospective damages (like medical treatment you may need).
Insurance Company Criteria for Determining Pain and Suffering
Insurance companies typically have an algorithm for calculating pain and suffering in car accident settlements. This algorithm differs between insurers but usually accounts for the following:
- The degree of your injuries. Generally, the more serious your injuries are, the more pain and suffering compensation you may request.
- How your injuries impact your quality of life. Pain and suffering is more likely to make up a significant part of your settlement if you spend a lot of time in treatment or have to change your lifestyle to accommodate the injury.
- Emotional distress resulting from the injury. Statements from medical professionals like therapists and psychiatrists can help increase your settlement.
- Any pre-existing conditions. Insurance companies may offer a low settlement by arguing that preexisting conditions worsened your injury.
Different Methods for Calculating Pain and Suffering
Both insurance companies and Florida car accident lawyers typically calculate pain and suffering using either the per diem or the multiplier method.
The Per Diem Method
The per diem method assigns a fixed sum as compensation for pain and suffering for every day you spend recovering. This approach works well for minor to moderate accidents with a short-term recovery period.
The Multiplier Method
The multiplier method is more common for insurance claims assessments after serious accidents with long-term effects. It involves adding up all your economic losses and multiplying them by a pain and suffering factor. This factor ranges from 1.5 to 5 and usually climbs up proportionally to the severity of your injuries.
For example, if your economic damages are worth $50,000 and your pain and suffering multiplier is 3, your total payout would be $150,000.
Negotiating Pain and Suffering Compensation After a Car Accident
The compensation evaluation process after a car accident isn’t an exact science. There’s a lot of wiggle room, and two seemingly identical cases can have different outcomes.
The insurance company may initially offer a lowball amount, and an attorney may make a counteroffer based on different calculations. Usually, both sides will eventually reach a compromise, but the attorney may also recommend taking the case to court if negotiations go nowhere. The lawyer’s skill, experience, and dedication can greatly impact the settlement or award.
Warner & Fitzmartin: Florida Accident Lawyers Advocating for Your Rights
If you suffered a car accident in Florida, you need an assertive legal team to stand up for your rights. At Warner & Fitzmartin, we work hard to help accident victims claim the highest possible compensation within a reasonable timeframe. Our law firm will provide a reliable case evaluation and guide you through the claim process from start to finish.
Call (561) 816-5983 or contact us online for a free consultation with a Florida car accident lawyer.