When someone is injured due to another party’s negligence, Florida law allows the victim to seek compensation for both economic and non-economic losses. Among the most significant non-economic damages are pain and suffering. These damages are intended to compensate an injured person for the physical and emotional distress they endure after an accident.
What Are Pain and Suffering Damages?
Pain and suffering damages include compensation for:
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Physical pain caused by the injury
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Mental anguish, including anxiety, depression, or PTSD
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Loss of enjoyment of life (e.g., inability to participate in hobbies or daily activities)
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Loss of companionship or diminished quality of relationships due to the injury
These damages are subjective and not tied to specific financial losses like medical bills or lost wages, making them more complex to calculate and prove.
Factors That Influence Pain and Suffering Compensation in Florida
Unlike economic damages, there is no fixed formula for calculating pain and suffering in Florida. However, courts and insurance companies often consider:
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Severity of the injury
More serious or permanent injuries typically result in higher pain and suffering awards. -
Duration of recovery
Long recovery times, especially when accompanied by ongoing pain, increase the value of the claim. -
Impact on daily life
If an injury prevents someone from enjoying life or participating in activities they previously enjoyed, this supports a claim for pain and suffering. -
Medical treatment required
Extensive medical treatment, surgeries, or physical therapy can provide tangible evidence of pain and discomfort.
How Are Pain and Suffering Damages Proven?
To successfully claim pain and suffering, you must present compelling evidence such as:
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Medical records and expert testimony
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Photographs of injuries
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Psychological evaluations
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Testimony from friends, family, or coworkers
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Personal journals documenting daily pain or limitations
A skilled personal injury attorney can help build this case and work with expert witnesses to present the full impact of your injuries.
Is There a Cap on Pain and Suffering in Florida?
In most personal injury cases, Florida does not impose a cap on pain and suffering damages. However, certain exceptions apply:
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Medical malpractice cases once had caps, but the Florida Supreme Court ruled in Estate of McCall v. U.S. (2014) that such caps on wrongful death pain and suffering damages are unconstitutional.
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Government claims under Florida’s sovereign immunity laws limit total recovery (including pain and suffering) to $200,000 per person and $300,000 per incident unless a claims bill is passed.
Comparative Negligence May Reduce Damages
Florida follows a modified comparative negligence rule. As of 2023, if you are more than 50% at fault, you cannot recover any damages. If you are 50% or less at fault, your total compensation—including pain and suffering—will be reduced by your percentage of fault.
Conclusion
Pain and suffering damages can be a significant part of a personal injury claim in Florida. However, proving and maximizing these damages requires detailed evidence, legal experience, and strategic presentation. If you or a loved one has been injured due to someone else’s negligence, consulting with an experienced Florida personal injury attorney can help ensure that your pain and suffering are fully accounted for in your claim.
Have you or someone you know been injured and suffered a personal injury? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
