Pain and suffering is the physical and mental anguish an injury causes, and Florida injury claims usually price it with one of two methods: the multiplier method or the per diem method. It is a non-economic loss, claimed on top of economic damages such as medical bills and lost wages, and no Florida statute sets a formula for it.
There are various methods for determining the value of damages for pain and suffering in a personal injury claim. Regardless of the method used, however, determining an exact amount of compensation for pain and suffering requires carefully examining the individual case and its particular circumstances.
Defining Pain and Suffering in Personal Injury Cases
In personal injury cases, “pain and suffering” is the general term for discussing non-economic losses. Calculating a personal injury settlement compensation can be difficult as it's subjective and highly dependent on the severity of the injury and the evidence presented.
Types of Non-Economic Damages
Compensation for pain and suffering usually falls under the category of non-economic damages, which also includes the following:
- Emotional suffering: the psychological effects of an injury, such as anxiety, stress, and depression, can be considered when calculating compensation.
- Loss of enjoyment of life: the victim's reduced ability to pursue daily activities or hobbies due to the injury.
- Loss of consortium: the negative impact of an injury on the relationship between the victim and their spouse or partner.
Severity and Evidence in Claims
Two things move the number more than anything else: how serious the injury is and how well the file documents it. Emergency room and follow-up records, a treating physician's opinion on permanency, imaging, and a day-to-day record of what you can no longer do all push the figure up. Where the records are thin or the treatment gaps are long, an adjuster will price the non-economic loss low whichever method is used.
Methods of Calculating Pain and Suffering
Two methods do most of the work in Florida: the multiplier method and the per diem method. Neither is set by statute, so an adjuster, a mediator and a jury can each reach a different figure from the same file.
Multiplier Method
The Multiplier Method is a widely used and common method for calculating compensation for pain and suffering. Under this method, the sum of the "special damages" or economic damages, which include medical expenses and lost wages, is multiplied by a certain number called a "multiplier."
The choice of multiplier usually ranges from 1.5 on the low end to 4 or 5 on the high end, depending on various factors such as the severity of the injury, the impact on the person's daily activities, and the length of recovery. For example, if a person incurs medical expenses totaling $10,000 with a multiplier of 3, their damages for pain and suffering would be calculated as follows:
$10,000 (medical expenses) × 3 (multiplier) = $30,000 (pain and suffering)
Per Diem Method
The Per Diem Method, Latin for "per day," calculates damages for pain and suffering on a daily basis instead of using a multiplier. In this method, a specific monetary value is assigned to each day the person is in pain, and then the total number of days is multiplied by that daily rate to determine the pain and suffering award.
For example, if the daily rate is $150 and the person suffers for 60 days, their pain and suffering award would be:
$150 (daily rate) × 60 (days) = $9,000 (pain and suffering)
The per diem method takes into account all past pain and suffering that you may have experienced, as well as future pain and suffering. Past pain and suffering is calculated as the number of days up until the day the attorney sends the demand to the insurance company. Future pain and suffering is based on your expected life span, which will be based on the average expected life span for someone your gender and age.
Alternative Approaches
While the Multiplier and Per Diem methods are widely used, they don't accurately assess damages for pain and suffering in every case. Therefore, alternative approaches can be used to ensure a fair calculation of damages:
- How much the injury changed the person's daily routine matters, so the calculation looks at what they can no longer do on their own.
- Medical professionals testify to the extent of the injury and the expected recovery time, which moves the pain and suffering figure more than almost anything else in the file.
Legal Aspects and Negotiation Strategies
When you seek compensation for pain and suffering you will negotiate with an insurance adjuster at some point, so it is worth retaining an attorney early. Negotiations begin with a demand letter in which the injured party or their lawyer sets out the details of the case and the compensation claimed.
Insurance companies use their own valuation methods, which may differ from the ones a court would apply, and their aim is to close the claim for the lowest amount. An adjuster may therefore offer a much lower settlement amount than the injured party is asking for.
Two Florida rules set the outside limits on what pain and suffering can be worth to you. Under Florida Statute 768.81(6), a party found more than 50 percent at fault for his or her own harm recovers nothing, and any smaller share of fault reduces the award by that percentage. Under Florida Statute 95.11(5)(a), a negligence action that accrued after March 24, 2023 must be filed within two years, and missing that deadline ends the claim whatever the pain and suffering is worth.
Maximizing Your Compensation Claim
When seeking compensation for pain and suffering, there are different ways that you can maximize the amount of your claim.
Documentation and Medical Records
One way to maximize compensation is to carefully document your medical expenses and records. This will help determine both the economic and special damages in your case. Some of the things you should record include:
- Medical Bills: Keep copies of all your medical bills, which include invoices from hospitals, doctors, physical therapists, and other medical professionals.
- Lost Wages: Provide receipts for lost wages due to injury. This can be timesheets or a letter from your employer confirming the hours missed and income lost.
- Medical Records: Request copies of your medical records, including diagnosis, treatment plans, and prognosis, as these may support your compensation claim.
- Out-of-Pocket Losses: Document any additional expenses incurred due to the injury, such as travel costs to medical appointments or property damage.
- Impact on Daily Life: Keep a diary of the pain and suffering you have endured due to your injury and any changes in your mental well-being or ability to perform everyday tasks.
Hire a Personal Injury Attorney
An attorney who handles these claims regularly knows how adjusters value non-economic damages and what evidence pushes that number up. Here is what to look for:
- Experience: Look for an attorney with experience representing clients with similar injuries, as they will be familiar with the insurance companies' calculation methods and tactics.
- Negotiation Skills: insurance companies often try to minimize their payouts, but an attorney with negotiation skills can refute their arguments and get a better settlement offer.
- Case Evaluation: A personal injury lawyer can assess the strengths and weaknesses of your case and tell you what each option would involve.
- Legal Representation: If your case goes to trial, a personal injury lawyer can represent you in court, making a strong case on your behalf.
Speak To A Personal Injury Attorney About Your Claim Today
If you've been injured due to another person’s negligence and it has had a serious impact on your life, you should speak to a personal injury attorney right away.
We'll work tirelessly to help you recover damages, including medical bills, lost wages, and compensation for pain and suffering. Call us at 888.626.1108 or click here to schedule a free, no-obligation consultation today.
