How Much Can You Sue for Pain and Suffering in Florida?

When someone is injured in an accident in Florida, financial losses like medical bills and lost wages are often straightforward to calculate. But what about the physical pain, emotional trauma, and loss of enjoyment of life that an injury causes? These damages are known as pain and suffering, and they are a major part of many Florida personal injury lawsuits.

If you are asking “How much can you sue for pain and suffering in Florida?” the answer depends on the type of case, the severity of the injuries, and the circumstances of the accident. Florida law does not set a strict dollar cap in most cases, but there are factors and exceptions that affect the amount you may recover.

What Is Pain and Suffering?

Pain and suffering damages are considered non-economic damages, meaning they don’t have a direct dollar value like a hospital bill does. Instead, they compensate for:

• Physical pain from the injury and treatment
• Emotional distress, including anxiety, depression, or PTSD
• Loss of enjoyment of life (such as being unable to enjoy hobbies or family activities)
• Disfigurement or scarring
• Loss of companionship in wrongful death cases

When Can You Sue for Pain and Suffering in Florida?

Florida’s rules depend on the type of accident:

• Car accidents – Because Florida is a no-fault state, you generally cannot sue for pain and suffering unless your injuries meet the “serious injury threshold.” This includes permanent injuries, significant disfigurement, or loss of an important bodily function.
• Slip and falls, product liability, cruise injuries, and other personal injury cases – These are not restricted by no-fault rules, so you may claim pain and suffering damages if negligence can be proven.
• Medical malpractice – You may recover pain and suffering damages, but they must be supported by medical testimony.

Factors That May Affect the Value of Pain and Suffering

The amount you may recover for pain and suffering may depend on several factors:

• Severity of injury – Catastrophic injuries like spinal cord damage or traumatic brain injuries generally lead to higher awards.
• Duration of pain – Temporary injuries may result in lower damages than lifelong conditions.
• Impact on daily life – If the injury prevents you from working, driving, or enjoying family activities, compensation may be higher.
• Age of the victim – Younger victims with lifelong limitations may receive higher awards.
• Jury perception – In trial cases, juries often determine pain and suffering awards, which can vary significantly.

Are There Caps on Pain and Suffering in Florida?

• Personal injury and wrongful death cases – No general caps. Juries and judges may award amounts they believe are fair.
• Medical malpractice – Florida previously had caps on non-economic damages, but the Florida Supreme Court struck them down in most cases. Currently, there is no cap on pain and suffering damages in malpractice claims, but speak with a medical malpractice attorney as laws change often.
• Government liability cases – If you sue a government entity in Florida, damages are often capped at $200,000 per person and $300,000 per incident, unless the legislature approves a higher claim bill.

How Pain and Suffering Is Calculated

Unlike medical bills, there’s no exact formula for pain and suffering. However, lawyers and insurers may use methods such as:

• Multiplier method – Multiplying actual damages (like medical bills) by a number reflecting severity.
• Per diem method – Assigning a daily value to your suffering and multiplying it by the number of days you are affected.

Ultimately, the value depends on the facts of the case and, if trial is necessary, what a jury believes is fair.

Why a Lawyer Can Help

Insurance companies often undervalue pain and suffering because it’s less concrete than medical bills. A lawyer may:

• Present medical testimony and expert witnesses about the impact of your injury.
• Show how your injury affects your ability to work, socialize, or care for your family.
• Negotiate with insurers who may only offer minimal pain and suffering compensation.
• Take your case to trial if necessary to pursue full damages.

Final Thoughts

There is no set amount for pain and suffering damages in Florida. Awards vary depending on the injury, how it affects your life, and the type of accident. While Florida has restrictions in car accident cases and government claims, most personal injury victims can seek fair compensation for their pain and suffering through settlement or litigation.

At the Law Offices of Jason Turchin, we can help victims pursue full compensation, including pain and suffering damages. Call 800-337-7755 or use our live chat for a free consultation. You won’t pay any fees or costs unless money is recovered.