Pain and Suffering: An Overview

Posted by Fred Koberlein | Dec 14, 2015 | 0 Comments

Most people are aware that when you suffer an injury from a car accident, you may be entitled to collect damages to cover your medical bills, lost wages and the like. Many, however, are confused about how awards for pain and emotional damage comes into the picture. This is a sort of nebulous idea — people have heard about awards for it, but aren't sure exactly how it works. Here is an overview of how pain and suffering figure into a personal injury case.

What Is Pain and Suffering?

Pain and suffering is the damage you suffer after an accident that may be related to, but goes beyond medical costs, lost wages and opportunity or loss of companionship. There are essentially two types of damages involving suffering and pain for which you can collect compensation. Both can be very significant and cause years of heartache and difficulty, but both are demonstrated in different ways. These two types of suffering are physical and mental.

Physical Pain

Damages for physical pain are often related to the severity of your injury, the kinds of medical care and rehabilitation required, and how much the injury causes you discomfort and suffering. This needn't only cover pain that you have already had or are currently experiencing. It can also involve the discomfort or hurt you are likely to have in the future.

Mental Pain

Compensation for mental suffering results from you having been injured in such a way that creates mental and emotional by-products that decrease or harm your quality of life. The anguish you experience from your pain or the difficulty you have maintaining personal relationships can come into play.

Feelings of anger or depression or anxiety, sexual dysfunction, sleep disturbances and disorders such as PTSD, or post-traumatic stress disorder, are all examples of mental suffering. Just like physical suffering, the pain you are likely to continue to experience in the future can be considered when your case is decided.

Calculating Damages

It can be difficult to value things such as suffering and anguish. Usually, this is done using a multiplier based on the medical bills and lost earnings. This multiplier is adjusted based on things like the credibility of the plaintiff, expert testimony regarding injuries, consistency in the story and the like.

Personal Injury Attorneys

One of the first things many insurance companies will seek to do is get you to sign papers that can limit the damages for which you can sue. Never sign any papers or discuss the accident with anyone but the police before you talk to an experienced and expert personal injury attorney. These cases are complex, and a good attorney knows exactly how to deal with insurance companies to be sure your rights are protected and you always get the full compensation you deserve.

Have you been in an accident that resulted in injury in North Florida? If so, we can help. Read up a bit about automobile accident claims, and then get in touch with our firm today for a free consultation about your case or email us through our contact page.

About the Author

Fred Koberlein

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.


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