Florida’s no-fault insurance laws often create confusion for car accident victims, especially when it comes to recovering compensation for pain and suffering. Unlike some other states, Florida limits when you can sue the at-fault driver for non-economic damages. Here’s what you need to know about when and how you can file a lawsuit for pain and suffering after a car accident in the Sunshine State.
Florida's No-Fault Insurance System Explained
Florida is one of the few states that follows a no-fault auto insurance system. Under this system, your own insurance policy — specifically, your Personal Injury Protection (PIP) coverage — pays for your medical bills and lost wages, regardless of who caused the crash. However, PIP does not cover pain and suffering.
To step outside of Florida’s no-fault system and pursue a claim for pain and suffering against the at-fault driver, you must meet specific legal criteria.
The Serious Injury Threshold
Florida Statute § 627.737 sets forth a "serious injury threshold" that must be met before a car accident victim can recover pain and suffering damages in a personal injury lawsuit. You can sue for pain and suffering if the accident caused:
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Significant and permanent loss of an important bodily function
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Permanent injury within a reasonable degree of medical probability
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Significant and permanent scarring or disfigurement
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Death (in which case the claim may be pursued by surviving family members under Florida’s Wrongful Death Act)
These thresholds are often the subject of dispute in car accident cases, and expert medical testimony is typically required to prove the nature and extent of the injuries.
Types of Pain and Suffering Damages You May Recover
If your injuries meet the statutory threshold, you may be entitled to compensation for a range of non-economic damages, including:
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Physical pain
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Emotional distress
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Mental anguish
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Loss of enjoyment of life
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Anxiety, depression, or PTSD
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Loss of companionship or consortium (in some cases)
These damages are subjective and vary widely depending on the facts of the case, the severity of the injuries, and how they affect your daily life.
Proving Pain and Suffering
To successfully recover pain and suffering damages, you’ll need strong evidence, including:
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Medical records and expert testimony
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Testimony from family, friends, and co-workers about changes in your behavior or lifestyle
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Photographic evidence of physical injuries
An experienced Florida personal injury attorney can help build a compelling case for these non-economic damages.
What If the At-Fault Driver Is Uninsured or Underinsured?
If the at-fault driver lacks sufficient insurance coverage, you may be able to pursue a claim under your Uninsured/Underinsured Motorist (UM/UIM) policy. These claims can also include pain and suffering damages if your injuries meet the statutory threshold.
Don’t Wait — Know the Time Limits
Florida generally allows car accident victims two years from the date of the accident to file a personal injury lawsuit under the current statute of limitations (reduced from four years in 2023). However, wrongful death claims must be filed within two years of the date of death.
Failing to act within the statutory deadline can permanently bar your claim for pain and suffering.
Conclusion: Protect Your Right to Full Compensation
While Florida’s no-fault law limits pain and suffering claims, you still have legal options if your injuries are serious. Meeting the statutory threshold and building a strong case can make all the difference in recovering fair compensation. If you’ve been injured in a Florida car accident and are suffering physically or emotionally, consult a knowledgeable personal injury attorney to explore your legal rights.
Need Legal Help After a Florida Car Accident?
Contact experienced Florida personal injury lawyer J.P. Gonzalez-Sirgo today for a free consultation. We’ll evaluate your case and fight to recover all the compensation you deserve — including for your pain and suffering.
Have you or someone you know been injured as a result of an auto accident? 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 jp@yourattorneys.com or by text at (305) 929-8935.
