Healing from a severe injury can involve long-term discomfort and grueling physical and emotional pain. A local attorney can clarify how pain and suffering damages are calculated in Naples. They can also help you collect evidence that establishes the at-fault party’s negligence and proves the monetary value of your requested damages.
“Pain and suffering” is a legal term describing a non-economic (intangible) damage that can be hard to assess on your own. Naples personal injury lawyers know how to document and assign a value to pain and suffering. Many law firms will provide a free review with a team member to learn about your case and define how hard they will work for your financial recovery.
How Your Medical Bills And Prognosis Inform Your Pain And Suffering Damages
Personal injury attorneys use various methods to assess the pain and suffering portion of your claim. In general, the following factors will define this complex non-financial damage:
- The level of physical pain and discomfort from your injuries
- The impact of the accident itself
- The mental and emotional anguish of living and coping with your injuries
- The loss of enjoyment of life caused by your injuries
The impact of your injuries is a unique-to-you circumstance, so your lawyer will speak to you and your family to understand the toll the accident and your resulting injuries have taken (and continue to take) on your life and lifestyle.
The Importance Of A Written Prognosis In Your Injury Claim
Compensation for pain and suffering is separate from the money you receive to pay your medical bills. However, your medical bills and the ongoing care you will require after your case is resolved will influence your compensation for pain and suffering.
Your legal team will document the following information:
- Anticipated treatment protocol
- Maximum medical improvement
- Potential long-term disabilities
- Scaring and disfiguring injuries
- The impact of your injuries on your mental health
Your lawyer can clarify the calculation method they use to assign a monetary value to your pain and suffering. In addition, they will negotiate on your behalf for the best possible financial outcome.
Collect Evidence That Documents The Full Toll And Extent Of Your Injuries
To recover damages from the at-fault party, you must prove their actions meet the legal definition of negligence. That means collecting evidence that shows:
- The at-fault party owed you a duty of care
- Their actions breached their legal duty
- Their breach directly caused your accident
- The accident had negative financial consequences
Evidence your attorney can collect for your case file includes witness statements, official reports, accident reconstruction reports, and photos and video footage.
You Must Prove Negligence To Pursue Damages For Pain And Suffering In Naples
Another portion of your case file will prove the toll of your injuries. It can include emergency first responder descriptions of your injuries and ongoing medical records describing your injuries and their extent.
Additional evidence will include records and reports for mental health care support and your personal journal, if applicable. Your attorney will compile this evidence to prove the full extent of your injuries and how they have affected and will continue to affect your life and well-being.
Additional Damages You Can Recover For A Personal Injury Claim In Naples
Pain and suffering is an intangible recoverable damage. Other non-economic damages you can request in a personal injury claim include:
- Disability and disfigurement
- Mental and emotional distress
- Loss of quality of life
- Permanent disability
The economic damages you can request from the at-fault party can include:
- Past, present, and future medical expenses
- Rehab, therapies, and medications
- Past, present, and future lost wages
- Loss of the ability to earn in the future
- Property damage, loss, or diminishment
Track these expenses and losses to ensure your personal injury lawyer accounts for them in your settlement demand letter. A detailed list of all recoverable damages can also ensure the liable party’s insurance company does not undervalue or underpay your personal injury claim.
Act Quickly To File Your Personal Injury Lawsuit Before Time Runs Out
Florida state law determines how long you have to bring a civil lawsuit against a negligent party. You generally have:
- Two years to comply with the personal injury statute of limitations, according to Florida Statutes § 95.11(4)(a)
- Two years to comply with the wrongful death statute of limitations, according to Florida Statutes § 95.11(4)(e)
The court could bar you from filing your lawsuit if you do not file it on time. If you have a personal injury attorney, they will interpret and meet the filing deadline for you.
Why Hire A Naples Personal Injury Lawyer Instead Of Representing Yourself?
Representing yourself in a civil claim (called pro se representation) can be challenging and risky. If you are simultaneously focusing on your physical recovery, it can also be stressful and frustrating. When you hire a lawyer to fight for you, they can do all of the following on your behalf:
- Investigate the cause of your accident
- Gather physical evidence and documents
- Draft and file your insurance claim and lawsuit
- Handle claim forms and case-related paperwork
- Speak with all relevant parties on your behalf
- Interview lay and expert accident witnesses
Your lawyer will also represent you during settlement negotiations. They can field offers and help you make a well-informed decision that maximizes your financial recovery.
Hire A Personal Injury Lawyer Without A Retainer Or Hefty Fees
Most personal injury law firms in Naples work on a contingency fee basis. They will cover all the costs of building your case, including:
- Collecting evidence
- Consulting experts
- Court filing fees
- Deposition expenses
You pay nothing upfront, and your personal injury attorney will not get paid unless you win. If you do not win, you will not owe any fees.
Get A Free Review Of Your Naples Personal Injury Claim
A pain and suffering claim can compensate you for the physical strain of your injuries and the mental and emotional rigors of your treatment and recovery. Our law firm will work hard to document this portion of your claim and secure fair compensation.
Learn more about how pain and suffering damages are calculated in Naples. Contact our consultation team at the Law Offices of Anidjar & Levine for a free, no-obligation review of your case.
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