Proving Pain and Suffering

Car accidents often leave victims with serious injuries that can require weeks, months, or even years of medical treatment, rehabilitation, and other recovery efforts. Some victims are never able to recover fully and may deal with a traumatic brain injury or paralysis. With these types of hurdles to overcome, victims are typically entitled to compensation for the pain and suffering that they endure in the aftermath of a serious collision. Establishing exactly what the value of that pain and suffering is can be difficult. The Miami car accident attorneys at the Law Offices of Robert Dixon can gather the evidence necessary to make such a showing on behalf of their clients.

We understand that the emotional toll taken on an injured victim can often be just as severe as the physical harm, and we fight tirelessly to ensure that victims receive proper compensation for both. Our firm represents residents of Miami, West Palm Beach, Miami, and other cities in Miami-Dade, Broward, and Palm Beach Counties. If you have been injured in a car accident and need legal assistance, contact our office today to schedule a free consultation to find out about your legal rights and options.

Victims of motor vehicle collisions can recover compensation from an at-fault party by filing personal injury cases. Before damages are assessed, a victim, or plaintiff, must show that the defendant was negligent. Negligence requires proof that the defendant breached the duty to act as a reasonable and prudent person would under the same or similar circumstances, which caused a victim’s injuries. After liability is shown, a plaintiff may receive financial compensation for the damages sustained.

In Florida, damages are categorized as ‘economic’ or ‘non-economic.’ Economic damages refer to harm that can be specifically monetized, such as property loss or medical costs, which are easily identifiable by determining the worth of a vehicle or by providing medical bills. Loss of income and earning capacity are also economic damages quantifiable through documentation. Non-economic damages, such as pain and suffering and psychological harm, are more difficult to assess.

There are no set standards for determining the amount of pain and suffering damages that each plaintiff is entitled to receive. As a result, awards vary case by case. However, there are certain factors that insurance companies or juries often consider when evaluating a victim’s pain and suffering damages. The type of injury is first and foremost. Evidence such as the length and type of medical treatment or hospital stays, as well as medical expert testimony as to the impact that the injuries will have on the victim in the future, plays a vital role. A judge or jury will also look at the emotional status of a victim and whether or not they have suffered from anxiety, depression, post-traumatic stress disorder, or any other mental health issue as a result of the accident. Expert testimony from treating physicians, psychologists, Life Care Planners, and others is useful in substantiating pain and suffering damages. Permanent or scarring injuries, such as facial disfigurement or burns, may justify a greater amount in pain and suffering compensation.

Compensation for pain and suffering is important for victims trying to come to terms with the scope of their injuries and live a full life following a devastating car accident. The Miami attorneys at the Law Offices of Robert Dixon can help you determine what your car accident claim may be worth, based on the extent of your injuries and the impact that they have had on your life. Our firm is dedicated to making sure that accident victims receive compensation from the parties responsible for causing them harm. If you have suffered an injury due to a negligent driver, call 877.499.4878 or contact us online to schedule a free, no-obligation consultation with a car crash lawyer to discuss your claim.