How are Pain and Suffering Damages Calculated for a Personal Injury Claim?

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August 12, 2016
Colson Hicks Eidson

Miami Truck Accident Lawyer Explains Benefits Available to Family Members

After a truck accident involving the wrongful death of a family member, the decedent’s loved ones are able to collect damages for pain and suffering. How does Florida law allow for family members of a person killed in a fatal accident to recover these damages? In this video, Miami truck accident attorney Joe Kalbac explains Florida statutes as they relate to wrongful death damages. Our personal injury attorneys are based near Miami, but we serve clients nationwide as well as internationally.

Video Transcription

One of the damages that a family or person can collect in a trucking accident, in the event that there is a wrongful death case or even a personal injury case, are non-economic damages. Non-economic damages include pain and suffering, predominantly. In a wrongful death case, under Florida, the survivors are entitled to recover their pain and suffering for losing a loved one. Once a person passes away from the accident, there is no claim for pain and suffering of the decedent. However, that’s a reality of most cases and it goes really to the pain and suffering of the survivors. For example, if you lost that parent as a result of a trucking accident and they survive for a period of time, you obviously suffer through that same suffering that the parent experienced and so that sort of becomes part of your pain and suffering, part of what you have been left to deal with as a result of the negligence of the trucking company or a truck driver. Contact our lawyers at 305-476-7400 or contact our website at for more information.