After an accident, many victims experience not only physical injuries but also emotional distress and ongoing pain. If you were injured due to someone else’s negligence, you may wonder whether you can sue for pain and suffering in Florida.

The answer depends on the type of accident, severity of injuries, and applicable Florida laws. In many cases, accident victims can recover compensation for pain and suffering, but certain restrictions apply.

If you have questions about filing a claim, the Law Offices of Jason Turchin offers free consultations. Call 800-337-7755 today to discuss your case.

What Is Considered Pain and Suffering Under Florida Law?

Pain and suffering refers to non-economic damages that compensate an accident victim for physical pain, emotional distress, and loss of enjoyment of life. Unlike medical expenses and lost wages, pain and suffering damages are more subjective and can vary depending on the individual case.

Types of Pain and Suffering Damages

• Physical Pain: Chronic pain, discomfort, and long-term physical effects of an injury.
• Emotional Distress: Anxiety, depression, PTSD, and other psychological effects.
• Loss of Enjoyment of Life: Inability to participate in hobbies, social activities, or daily routines.
• Permanent Disfigurement or Disability: Scarring, amputations, or life-altering injuries.

When Can You Sue for Pain and Suffering in Florida?

Florida law allows victims to pursue pain and suffering damages in certain types of cases, but restrictions exist based on the accident type and injury severity.

1. Pain and Suffering in Car Accident Cases

Florida is a no-fault insurance state, meaning that after a car accident, you must first file a claim through your Personal Injury Protection (PIP) insurance. However, PIP does not cover pain and suffering damages.

To sue for pain and suffering in a car accident case, you must meet Florida’s serious injury threshold, which includes:

• Significant or permanent loss of a bodily function.
• Permanent injury or disability.
• Permanent scarring or disfigurement.
• Death of a loved one (wrongful death claims).

If your injuries qualify, you may be able to file a lawsuit against the at-fault driver for pain and suffering damages.

2. Pain and Suffering in Slip and Fall and Other Personal Injury Cases

Unlike car accidents, Florida’s no-fault law does not apply to slip and falls, workplace accidents, or other personal injury cases. If you were injured due to someone else’s negligence, you may be able to seek pain and suffering damages as part of your claim.

3. Pain and Suffering in Medical Malpractice Cases

Florida generally has caps on pain and suffering damages in medical malpractice cases, but it’s been subject of litigation. Non-economic damages could be limited to:

• $500,000 per claimant for most cases.
• $1 million for cases involving catastrophic injuries or wrongful death.

If a doctor, hospital, or healthcare provider caused your injuries through negligence, you may still be able to recover compensation for pain and suffering.

How Is Pain and Suffering Calculated in Florida?

Since pain and suffering damages do not have a fixed dollar amount like medical bills or lost wages, they are calculated using two primary methods:

1. The Multiplier Method

In this method, the victim’s economic damages (such as medical bills and lost wages) are multiplied by a number between 1.5 and 5, depending on the severity of the injuries.

Example: If your economic damages total $50,000 and a multiplier of 3 is used, your pain and suffering compensation would be $150,000.

2. The Per Diem Method

This approach assigns a daily monetary value to the victim’s pain and suffering and multiplies it by the number of days they are expected to experience pain.

Example: If the daily value is $200 and the victim suffers for 365 days, the pain and suffering award would be $73,000.

Can Insurance Companies Deny Pain and Suffering Claims?

Yes. Insurance companies often try to minimize or deny pain and suffering damages by arguing that:

• The injuries are not severe enough.
• The pain is exaggerated or unrelated to the accident.
• The victim had a pre-existing condition.

An experienced Florida personal injury lawyer can gather medical evidence, expert testimony, and witness statements to strengthen your claim.

FAQs

Can you sue for pain and suffering after a minor car accident in Florida?

Generally, no. Florida’s no-fault system requires that victims meet the serious injury threshold to seek pain and suffering damages in car accident cases.

How much can you get for pain and suffering in Florida?

The amount varies depending on the severity of injuries, the impact on daily life, and the strength of medical evidence. Some settlements reach six or seven figures in severe injury cases.

How long do I have to sue for pain and suffering in Florida?

Florida’s statute of limitations is two years from the date of the accident for personal injury claims. It is often important to act quickly to protect your rights.

Do I need a lawyer to sue for pain and suffering?

While not required, hiring a lawyer can significantly improve your chances of securing fair compensation. Attorneys handle negotiations, gather evidence, and present a strong case on your behalf.

Contact a Florida Personal Injury Lawyer for Help with Pain and Suffering Claims

If you were injured in an accident and want to know if you can sue for pain and suffering in Florida, the Law Offices of Jason Turchin can help.

Call 800-337-7755 today for a free consultation. You won’t pay any fees or costs unless we win or settle your case.