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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

The Trial Pro, P.A. attorneys, carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured due to car accidents, slip-and-fall, worker's compensation cases, and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

What is Included in Pain and Suffering?

Frequently Asked Questions - What is Included in Pain and Suffering?

What is Included in Pain and Suffering?

A civil lawsuit is the court-based process through which an injured party can seek to recover monetary damages.  The plaintiff, the person who has initiated the lawsuit against another individual, has the burden of proof to prove his or her alleged damages.  In a civil suit for personal injuries, damages can generally be broken down into either compensatory damages or punitive damages.

Compensatory damages are the most common type of damages awarded in a civil lawsuit.   Compensatory damages are designed to make the plaintiff whole, or in other words, recover what the plaintiff lost due to an injury suffered as a result of the defendant’s negligence.  Compensatory damages can be further broken down into economic and non-economic damages.  Economic damages are typically easily quantifiable.  Examples of economic damages would include past and future medical bills, lost wages, household services, loss of future earning capacity, property damage, and out-of-pocket expenses.  Evidence of economic damages is often self-evident.  For example, past medical bills can be presented to a jury with little or no explanation.  The damages would be the total for the services provided.  Out-of-pocket expenses are also generally simple to prove during trial.  Receipts or billing statements would clearly depict the total of out-of-pocket expenses.  Some economic damages, however, can be more difficult to precisely calculate.  Loss of future earning capacity, for example, may involve complex economic calculations based on an injured person’s age, life expectancy, past earning capacity, and training or talents.  A plaintiff would need to supply the fact-finder with an abundance of evidence, and perhaps economic expert testimony, to allow a jury to accurately calculate the amount of lost earning capacity.

Non-economic damages are defined by Florida statute as, “nonfinancial losses that would not have occurred but for the injury giving rise to the cause of action, including pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of capacity for enjoyment of life, and other nonfinancial losses.”  Unlike economic damages, non-economic damages are often harder to quantify as they are subjective and can vary between different individuals.

Punitive damage awards are far less common than compensatory damage awards.  Punitive damages are awarded in rare instances to punish exceptionally egregious actions.   In order to receive punitive damages, the plaintiff must prove to the jury that the defendant was personally guilty of intentional misconduct or gross negligence.  Intentional misconduct is defined by Florida statute as the “defendant ha[ving] actual knowledge of the wrongfulness of the conduct and the high probability that injury to the claimant would result.”  Gross negligence is also defined in the same Florida statute as the “defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.”

Florida law places no cap on compensatory damages, but the damage award must be supported by the evidence presented at trial.  A judge may overturn, or remand a case for further proceedings, a compensatory damage award if the plaintiff failed to provide the jury with sufficient information to properly calculate the amount of damages.  Punitive damage awards are capped by Florida law.  In a personal injury case the limit for punitive damages is three times the amount of the compensatory damages or $500,000, depending on whichever is greater.

As previously mentioned, non-economic damages, including pain and suffering, can be difficult to quantify because they are subjective.  For instance, how would you quantify the difference between the pain and suffering incurred as a result of a broken arm as opposed to a broken leg?  If you asked 10 different people, they may give you 10 different monetary amounts they felt properly compensated an individual for each injury.  A plaintiff, therefore, must present the jury with evidence to consider and the court will instruct the jury to use their best judgment when determining how to award a plaintiff damages for pain and suffering.  The jury may be asked to consider a variety of factors to determine the pain and suffering damages including, the severity of the injury sustained, the age of the injured party, the future prognosis, the length of the rehabilitation, and the type of medical treatment the plaintiff received.

Pain and suffering is often divided into two separate categories, physical and mental.  Physical pain and suffering generally includes both the pain and trauma associated with recovering from the physical injury, and the future pain and suffering associated with that injury and recovery.  For example, if an individual suffered a catastrophic leg injury and lost the use of one of their legs, the jury would want to consider that person’s inability to perform certain physical activities in the future as a part of the pain and suffering award.  Mental pain and suffering can be associated with the depression, fear, embarrassment, and other emotions that can result from a traumatic injury.  Just like physical pain and suffering these emotions are subjective and people may assign a different value to the mental harm caused by an injury.

Evidence of pain and suffering can take many forms.  If the plaintiff was evaluated by a mental health professional, he or she may provide testimony for pain and suffering purposes.  The plaintiff themselves may wish to make a statement describing how the injury and subsequent recovery has interfered with his or her activities of daily living.  Testimony may also be provided by the injured person’s friends or family to explain what they have witnessed or how the injury has impacted the family.  A treating physician may also provide testimony regarding the client’s injuries and the physical limitations or difficulties they may encounter in the future.

An experienced civil trial attorney will be able to help you determine what damages you are entitled to pursue under the law.  An attorney will also be able to help quantify both your economic and non-economic damages, such as pain and suffering.  Perhaps most importantly, an attorney will also be able to help you gather the evidence you need to prove all of your damages to a jury so you have the best opportunity to be awarded all of the damages to which you are entitled. 



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We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other location that you find more convenient. You are always welcome to come into our office as well. Contact us Today!

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Car Accident Attorneys

With more than a century of collective legal experience and a commitment to hard work, excellence, and integrity, we have recovered millions of dollars in damages on behalf of our clients.
Our goal is to enable our clients to sit back and focus on their recovery, knowing that the team at Trial Pro, P.A. has the experience and resources to effectively handle all of the legal details involved in their case.

Personal Injury Law

We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively.

Car Accident Attorneys

Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations.

Slip and Fall Accidents

Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

What Our Clients Say

What Our Clients Say About Our Personal Injury Attorneys

"From the beginning we knew we were in good hands."
Clarence,
Personal Injury Case
Trial Pro got me $491,000
"I wouldn't be where I am today without Trial Pro."
Clarence,
Personal Injury Case
Trial Pro got me $998,000
"Trial Pro satisfied client 2021"
Client,
Car Accident Case
Trial Pro got me $1,900,000
"We are really glad that we choose you guys to represent us."
Nicole,
Personal Injury Case
Trial Pro got me $1,000,000
"Trial Pro makes sure you get what you deserve."
Ashley,
Personal Injury Case
Trial Pro got me $795,000
"Trial Pro satisfied client 2021"
Client,
Car Accident Case
Trial Pro got me $1,510,000
"When I hired Trial Pro, I didn't have to worry about anything."
Mark,
Motorcycle Accident Case
Trial Pro got me $810,000

Our Personal Injury attorneys have been featured in numerous publications

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Our goal is to make the process as easy as possible for you. You don't even have to come into our office if you cannot travel or adjust your schedule to make it to us. We're more than happy to come to you!

In addition to traveling directly to our clients, the team at Trial Pro, P.A. also pledges to provide clear advice and regular client communication. We know how vital regular contact with our clients is - we never leave you hanging or delay our responses. 

Mobirise

Orlando Personal Injury Attorneys

After experiencing an automobile accident, the last thing you desire is to have an attorney at hand that doesn’t know how to represent you adequately. You want a reputable law firm that will.

Serious Representation
We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively. 
Unmatched Case Results
Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury legal attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations. 
Committed to Our Clients
It would help if you didn't have to beg for a call back from your attorney. It would be best if you didn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claims. If we miss a call, we promise always to return it.
Compassionate In & Out of Court
Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

Pursuing Client Victories

Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Orlando, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other business that you find more convenient. You are always welcome to come into our office as well.

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 Our Locations

Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida. Our dedicated, experienced personal injury attorneys handle various legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.


Trial Pro P.A. Orlando Office

  (407) 300-0000

 250 N Orange Ave 14th Floor
Orlando, FL 32801


Trial Pro P.A. Tampa Office

  (813) 522-5444

 1000 N. Ashley Drive, Suite 512
Tampa, FL, 33602


Trial Pro P.A. Naples Office

  (239) 300-0000

 870 111th Ave N #1
Naples, FL 34108


Trial Pro P.A. Fort Myers Office

  (239) 400-5000

 9341 Marketplace Rd
Fort Myers, FL 33912


Trial Pro P.A. Melbourne Office

  (321) 586-2088

 2551 W. Eau Gallie Blvd., Suite 102
Melbourne, FL, 32935

Contact Info

250 N Orange Ave, 14th Floor

Orlando, FL 32801

help@trialpro.com

(407) 300-0000


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Trial Pro, P.A. Car Accident Attorneys

Trial Pro, P.A.

The information on this website is for general information purposes only. The Information presented at this site should not be construed as formal legal advice nor the formation of an attorney-client relationship. For medical advice and treatment, you should contact a licensed medical professional.