Pain and suffering after a car accident in Florida can affect far more than your vehicle or your finances. Injuries may cause ongoing physical pain, emotional distress, difficulty sleeping, limitations at work, and an inability to enjoy activities that were once part of everyday life.
These effects are commonly associated with pain and suffering damages. However, Florida law places specific restrictions on when someone injured in a motor vehicle accident may recover these types of damages.
Understanding how pain and suffering claims work can help accident victims make informed decisions about their legal options.
What Are Pain and Suffering Damages?
Pain and suffering generally refers to the physical and emotional consequences of an injury that do not have a straightforward dollar value.
Depending on the circumstances of a case, these damages may involve:
- Physical pain and discomfort
- Mental anguish
- Physical impairment or disability
- Disfigurement
- Inconvenience
- Loss of the ability to enjoy normal activities
Unlike a medical bill or repair invoice, there is no exact price attached to these losses. Florida’s civil jury instructions recognize that there is no precise standard for measuring these damages; the amount must instead be determined from the evidence presented.
When Can You Recover Pain and Suffering After a Car Accident in Florida?
Florida’s motor vehicle insurance system limits when an injured person can pursue damages for pain, suffering, mental anguish, and inconvenience following a crash.
Under Florida Statute § 627.737, these damages may be recoverable when the injury involves one or more of the following:
- Significant and permanent loss of an important bodily function
- A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
- Significant and permanent scarring or disfigurement
- Death
Whether an injury satisfies this legal threshold depends on the facts and evidence in the individual case.
Why Medical Documentation Can Matter
Medical records can play an important role when pursuing compensation for pain and suffering after a car accident in Florida.
Records may help establish the nature of an injury, treatment received, symptoms experienced, and whether medical professionals believe an injury has lasting or permanent effects.
For this reason, accident victims should accurately communicate their symptoms to their healthcare providers and follow appropriate medical recommendations. Keeping records of treatment and other accident-related documentation can also help preserve information that may later become relevant to a claim.
How Is Pain and Suffering Evaluated?
There is no universal formula that automatically determines the value of pain and suffering.
The circumstances of every accident and injury are different. Relevant evidence may concern the severity and duration of the injury, physical limitations, disfigurement, mental anguish, and how the injury has affected the person’s ability to enjoy life.
Florida’s jury instructions specifically contemplate compensation for bodily injury and resulting pain and suffering, disability or physical impairment, disfigurement, mental anguish, inconvenience, and loss of capacity for the enjoyment of life when those damages are legally recoverable.
What Evidence May Support a Pain and Suffering Claim?
Depending on the case, useful evidence may include medical records, diagnostic results, photographs, treatment documentation, testimony, and records showing how an injury affected daily activities.
Evidence should help demonstrate not only that an accident occurred, but also the actual impact the resulting injuries had on the person’s life.
Because memories can fade and documents can become harder to locate over time, preserving relevant information after an accident can be important.
Every Florida Car Accident Claim Is Different
Two people involved in similar crashes may experience very different injuries and consequences.
The availability of pain and suffering damages depends on the particular facts, medical evidence, applicable insurance coverage, and Florida law. A previous settlement or verdict therefore does not determine what another person’s case may be worth.
Speak With a Florida Personal Injury Attorney
If you are dealing with pain and suffering after a car accident in Florida, an attorney can evaluate the circumstances of your accident, available evidence, insurance coverage, and the injuries involved.
Carl Palomino Attorneys at Law helps individuals understand their legal options following accidents and personal injuries in Florida.
Contact the firm today to discuss your situation and learn more about your legal options.
This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.