If you have been injured as a result of willful or unintentional harmful acts by another person, you are entitled to claim damages. Basically, these are medical bills, lost wages due to incapacity for work or property damage. However, their level of pain and suffering can also warrant a higher level of compensation.
If you or a loved one has been injured, act quickly, collect all necessary police reports and medical records, and contact an attorney to help you with your case.
Pain and suffering can result from a number of traumatic events. These can be:
- Be in a car accident
- To be robbed
- Witness a violent crime
- Witness the death of a loved one
Injuring yourself in all circumstances can cause a lot of agony, but being hurt by someone else’s negligent act and knowing that you did not have to, can be particularly devastating. Read on to learn more about the types of pain and suffering, what causes them, and what to do when you’re injured.
The types of pain and suffering
In general, pain and suffering are divided into two categories: physical and mental pain. You can suffer one or the other or both at the same time.
Physical pain
The definition of physical pain and suffering under the law includes the consequential complications due to the injury. This can include pain experienced during physical rehabilitation as well as physical setbacks resulting from being unable to participate in certain activities and routines due to the injury.
Mental ache
Mental pain and suffering are more complicated to prove in court, but it is still considered a legitimate means of seeking compensation in Florida. Mental or emotional pain and suffering includes the negative emotions that follow an injury. These can be:
All of these can be noticeable immediately after the injury or become long-term conditions that develop over time when you can no longer enjoy your lifestyle, hobbies, or activities that you once had.
The types of accidents that can cause pain and suffering
The following two types of negligence are common causes of pain and harm. If you have been involved in a traumatic event and are suffering from it, don’t be afraid to seek professional help from a psychiatrist
Car accidents
A high number of personal injury lawsuits in Florida involve car accidents. According to state law, a person is deemed to have suffered pain and suffering when they have died, lost certain bodily functions in a significant or permanent manner, suffered permanent disability, or suffered scars or other types of permanent disfigurement.
It can be very difficult to bring pain and suffering in auto accident lawsuits. Hence, you should consult an experienced attorney before attempting this type of compensation.
Medical malpractice
In Florida, individuals cannot sue their doctor for emotional pain or suffering. Rather, such damage must be limited to proven damage caused by malpractice.
While doctors can sometimes make mistakes, medical misconduct is another type of lawsuit. If harm related to medical misconduct is successfully proven in court, it can result in harm being awarded for the pain and suffering associated with it.
Florida law has a limit of $ 500,000 in damages that can be granted in malpractice cases. Overall, however, there is no limit to personal injury in Florida.
About complaints of emotional distress
According to Florida law, emotional suffering usually requires physical harm to seek compensation, except that it occurs during a crime such as robbery, ingestion of a foreign object, or death of a family member due to a crime or suffering physically addressed is an accident.
Another example of emotional pain could be the damage caused by a confidential caregiver revealing sensitive personal information, such as a trauma therapist revealing a person’s past traumas to a third party.
Important time restrictions
Time is of the essence when it comes to legal action in a state. In Florida, you have a four year statute of limitations from the date of the accident that sustained your injuries within which to file a lawsuit. Lawsuits against the government must be filed within three years, while legal action for unlawful death must be initiated within two years.
Once the statute of limitations has expired, your case is highly unlikely to go to court.
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