Maximizing Compensation for Pain and Suffering in Personal Injury Cases

If you’re pursuing a personal injury claim due to someone else’s negligence, you might be wondering how to get more money for your pain and suffering.

Key Factors to Consider:

1. Severity of Injury Matters – The most crucial factor in getting more money for pain and suffering is the severity of your injury. It’s challenging to convince a juror or insurance adjuster that a minor injury is extremely painful. For instance, someone with severe burns is likely to receive more compensation than someone with a sprained ankle. The more severe and evident your injury, the higher the potential compensation for pain and suffering.
2. Don’t Be Stoic – In personal injury cases, it doesn’t pay to be the “tough guy” or “tough girl.” These cases are driven by evidence from witnesses and medical records. If your medical records don’t mention pain complaints, you’re unlikely to receive significant compensation. Similarly, if your friends and family haven’t seen you in pain, a jury is less likely to award you maximum compensation. It’s essential to communicate your pain clearly and consistently to your healthcare providers and loved ones.
3. Return to Pre-Accident Life – Jurors tend to award more for pain and suffering when they see that you’re trying hard to return to your pre-accident life. Conversely, they are less sympathetic to those who seem to have given up. Your efforts to get back to normal can positively impact the compensation you receive. Demonstrating resilience and a strong will to recover can make a significant difference in the eyes of the jury.

Additional Tips for Maximizing Compensation:

• Document Everything: Keep a detailed record of your pain and suffering, including daily pain levels, emotional distress, and any limitations on your activities. This documentation can be powerful evidence in your case.
• Seek Professional Help: Don’t hesitate to seek psychological counseling if you’re experiencing emotional distress. Mental health records can support your claim for pain and suffering damages.
• Follow Medical Advice: Adhere to all medical recommendations and attend all follow-up appointments. This shows that you are committed to your recovery and can strengthen your case.

By following these guidelines, you can maximize your compensation for pain and suffering in a personal injury case. Remember, the key is to provide clear, consistent evidence of your pain and efforts to recover. If you need expert legal advice, don’t hesitate to reach out to our experienced team. We’re here to help you navigate the complexities of personal injury claims and ensure you receive the compensation you deserve.

These are just a few thoughts on the topic. If you have any questions about pain and suffering damages in a Florida personal injury case, feel free to call us at 407-254-4901. We love answering questions. You can also visit our website at Cullen-hemphill.com for hundreds of videos and posts with helpful information.

About the Author

Kim Cullen was born in San Diego, California, and as the son of a U.S. Navy officer, he lived around the world before settling in Clearwater, Florida. He attended Countryside High School and the University of Florida, where he was active in student government and Delta Tau Delta Fraternity. Kim graduated with a degree in Business Administration in 1988.

After a brief stint in consumer finance, Kim earned his Juris Doctor from Mercer University in 1993. He began his legal career at Troutman, Williams, Irvin, Green & Helms in Winter Park, Florida, specializing in personal injury cases. In 2002, he founded his own firm, which became Cullen & Hemphill, PLC in 2012. With Bob Hemphill as his law partner, the firm continues to be one of Central Florida’s leading personal injury firms.

As a devoted husband, father of four, and cancer survivor, Kim values life and health and deeply appreciates the trust his clients place in him.