How is pain and suffering calculated in a catastrophic injury case?

In a catastrophic injury case in Florida, the calculation of pain and suffering is heavily dependent on the individual circumstances and facts of the individual situation. Generally speaking, however, pain and suffering is calculated based on the severity and longevity of the injury. For instance, if an injury is very disabling and may cause a person great hardship or pain throughout their lifetime, the court will consider greater damages for pain and suffering than if the injury is completely healed in a short period of time. The court will also take into account any physical or emotional distress the injured party has experienced or is likely to experience in the future as a result of the injury. This distress can include physical pain, mental anguish, anxiety, depression, loss of enjoyment of life, fear of reinjury, and loss of consortium. In addition, the court will usually consider the losses sustained by the injured party such as medical expenses, lost wages, and even the cost of rehabilitation. Finally, the court may also consider the degree of fault of those responsible for the injury. This means that if the court finds another party was partially at-fault, the court may reduce the damages awarded for pain and suffering. Overall, the calculation of pain and suffering in a catastrophic injury case in Florida is highly dependent on the individual circumstances of each case. The court will take into account the severity and longevity of the injury, the degree of fault of those responsible, and any physical or emotional distress suffered by the injured party in order to make a fair determination.

How is pain and suffering calculated in a catastrophic injury case?

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