Compared to economic damages, it is relatively difficult to put a price on non-economic compensation such as pain and suffering. They are generally unquantifiable with bills or mathematical calculations. If you are experiencing pain and suffering, physical or mental, you may have the ability to recover monetary damages not only for their medical expenses and lost earnings but also for the personal costs of the injury caused by a negligent medical provider.
Pain and suffering damages are calculated over a period of time covering your date of injury until you have either healed or your damages are classified as a permanent injury. Pain and suffering damages have multiple components to them which may include disability, disfigurement, mental anguish, and loss of capacity for the enjoyment of life. Pursuing non-economic damages in a St. Petersburg medical malpractice cases is not easy, but with the help of an experienced attorney, you may be able to get the justice you deserve.
Quantifying Non-Economic Damages for Medical Injuries
Unlike economic damages that are typically specific in nature and have a readily calculable price or loss of value attached to them, non-economic damages are less tangible and more subjective. They are based upon the experiences of different people. Typically, pain and suffering damage calculation starts with an analysis of how severely injured or impaired the client appears to be to an objective or reasonable person.
The most extreme example of a substantial pain and suffering damages case relates to somebody who has suffered a severe spinal cord injury resulting in permanent impairment, or somebody who suffered a severe traumatic brain injury and has a profound cognitive disability. There are also very substantial pain and suffering cases resulting from individuals who suffer permanent injuries at relatively young ages and must live with the disabilities and impairments that they have suffered for the rest of their future.
Who Calculates Non-Economic Damages in St. Petersburg?
Before a trial, the attorneys gather information both related to the case as well as other cases in order to establish a reasonable expectation of what a client’s non-economic or pain and suffering damages should be. Once a trial starts, then the evidence is presented to the jury. Juries have a lot of discretion regarding how to calculate and award non-economic damages in a St. Petersburg medical malpractice claim.
The most important thing, both in settlement negotiations or when requesting that a jury award pain and suffering damages are to prove that the victim has sustained a permanent injury. When a permanent injury has been established, it entitles the plaintiff to some award for future pain and suffering over a reasonable life expectancy. If there is no permanency, then there is no requirement that either an adverse party and settlement negotiations nor a jury and its verdict make an award or compensation for future pain or suffering.
An Attorney Could Help You Fight For the Compensation You Deserve
In Florida, there are no caps that have not been deemed to be unconstitutional in some form or fashion by a Florida court, meaning that awards for non-economic damages in St. Petersburg medical malpractice cases are truly only limited by the severity of the victim’s pain and suffering. When your injury is caused by a negligent professional, the suffering you endure as a result is unjust and should be set right through compensation. Call today to get started.