Miami Personal Injury Lawyer Blog
When you are hurt at a store, restaurant, park, or other public place in Miami, you have rights as a victim. Personal injury laws provide you with legal remedies, specifically under a negligence-based theory called premises liability. There is a deadline for these cases since Florida’s statute of limitations is two years. If you meet the requirements, you might qualify for compensation as an injured victim.
A portion of your compensation may include pain and suffering, which is a concept that is helpful to know when going through the legal process. A Miami premises liability attorney can assist with your remedies, but some information about damages for pain and suffering is useful.
What is Pain and Suffering in Miami Personal Injury Cases?
This term refers to the physical and emotional distress someone experiences due to an injury caused by negligence. In Miami personal injury cases, including premises liability claims, this can include:
· Physical pain
· Emotional trauma
· Anxiety or depression
· Long-term impacts on quality of life.
Florida law allows injured parties to pursue compensation for these damages as part of their claim.
How are Pain and Suffering Damages Calculated in Florida?
In Florida, pain and suffering damages are typically calculated using either the multiplier method or the per diem method. The multiplier method involves multiplying the victim’s economic damages, like medical bills, by a number reflecting the severity of their injuries.
The per diem method assigns a daily monetary value to the victim’s suffering and multiplies it by the number of days they have been affected. Courts in Miami consider factors like the nature of the injury, its impact on daily life, and the expected recovery period when determining these damages.
What are Examples of Pain and Suffering in Premises Liability Claims?
Examples of pain and suffering in premises liability claims often include:
· Ongoing physical pain
· Emotional distress
· Reduced quality of life
Emotional examples include post-traumatic stress disorder (PTSD) following a traumatic event like an assault in a parking lot with inadequate security. In Miami, courts evaluate the specific impact of the injuries on the victim’s life to determine fair compensation for these non-economic damages.
What Other Compensation is Available for Premises Liability Cases?
In addition to pain and suffering, premises liability victims in Miami may recover compensation for economic damages like medical expenses, lost wages, and future medical care. Property damage, such as broken belongings caused by the incident, can also be included.
Furthermore, punitive damages may be awarded in cases of gross negligence, such as when a property owner knowingly ignores dangerous conditions. These additional forms of compensation aim to address the comprehensive financial and emotional toll of the accident on the victim.
Discuss Compensation with a Miami Premises Liability Lawyer
You can see that pain and suffering are important components of a premises liability case. At Gerson & Schwartz, PA, we understand the challenges you may face after an injury on someone else’s property. Our experienced Miami attorneys provide personalized legal guidance to help you determine the best course of action. To schedule a free consultation, call us today at (305) 371-6000.
