Can You Sue for Pain and Suffering in Florida?

Florida law allows you to sue for pain and suffering. The law permits you to do so if your pain and suffering stems from a physical injury.

These cases are based on negligence. Pain and suffering occurs when a person sustains an injury due to someone else’s actions. You must be aware of the type of negligence claim to file timely.

What Qualifies as Pain and Suffering in Florida?

In Florida, pain and suffering occurs when a person sustains injuries in an accident or incident. The criteria are a permanent injury, significant or permanent loss of bodily function, impairment or disfigurement.

Types of Personal Injury Damages in Florida

You can recover certain types of personal injury damages in Florida. They include economic and non-economic damages.

Economic Damages

Economic damages are available in personal injury claims. According to Florida Statute 766.202, they are monetary losses that would not have happened if not for an accident or incident caused by negligence. Economic damages include medical expenses, lost wages and lost earning capacity.

Non-economic Damages

Non-economic damages don’t have set financial losses. They relate to psychological effects such as pain and suffering, emotional distress, loss of consortium, mental anguish and loss of enjoyment of life.

How Are Pain and Suffering Damages Calculated in Florida?

There are two different ways pain and suffering damages can be calculated. They are the multiplier and per diem methods.

Multiplier Method

The multiplier method is a popular way to calculate pain and suffering damages. It involves multiplying a number ranging from 1.5 to 5 with a plaintiff’s total economic damages. Mild injuries use a number at the lower end, moderate would take one in the middle and severe injuries use a higher number.

Per Diem Method

The per diem method is used with a daily compensation rate. A monetary amount such as 150 or 200 is multiplied by the number of days the victim has suffered.

Florida’s No-Fault Laws and Their Implications

It’s crucial to understand Florida’s no-fault laws and their implications. This requires knowledge of the no-fault system and the legal thresholds for serious injuries.

What Is the No-Fault System?

According to Florida Statute 627.7407, the state uses the no-fault system for car accidents and other negligence-based injury cases. This means that each person involved in such an incident must go through their insurance to cover medical expenses and other damages.

Legal Thresholds for Serious Injuries

Under the no-fault law, there are legal thresholds for serious injuries when claiming compensation for pain and suffering. According to Florida Statute 627.737, those requirements are significant, permanent scarring, a significant, permanent loss of a major bodily function or disfigurement.

Limitations on Pain and Suffering Damages in Florida

If you have pain and suffering damages, you must know if they carry limitations in Florida. This requires understanding the statute of limitations and the impact of comparative negligence.

Statute of Limitations in Florida

Pain and suffering can only be claimed in personal injury cases. According to Florida Statute 95.11, the statute of limitations on such claims is two years from the date of the accident or incident leading to those damages.

Comparative Negligence Impact

Florida follows comparative negligence laws. This means if a person suffers injuries and is found partly responsible for that, they must be 50% or less at fault to file a claim. If their case succeeds, they recover compensation minus the percentage for which they’re deemed responsible.

Evidence Required for Proving Pain and Suffering Claims in Florida

Certain evidence is required to prove pain and suffering claims. It includes medical records and witness testimonies.

Medical Records

Medical records are among the top evidence for a pain and suffering claim. They provide details of your condition, how it developed and how it impacts your daily life. This documentation comes directly from doctors and other medical professionals, giving credence to your claim.

Witness Testimonies

Witness testimonies can strengthen your claim for pain and suffering damages. This is because the accounts come from neutral parties who saw the accident as it occurred.

Benefits of Hiring a Personal Injury Attorney in Florida

There are benefits to hiring a Florida personal injury attorney. They include case valuation and negotiation and legal expertise and compliance.

Case Valuation and Negotiation

A personal injury attorney can examine the evidence in your case and determine its value. They can also use their negotiation skills to your advantage to get you a fair settlement.

Legal Expertise and Compliance

Your attorney can use their legal expertise to build you the best case. They will present the evidence and call upon witnesses and experts to testify on your behalf. They know the local laws and understand how to maneuver if you go to trial.

Frequently Asked Questions

 

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

Florida has no caps on pain and suffering. The only exception is if it involves medical malpractice or a claim against a governmental entity.

Can I Sue for Emotional Distress in Florida?

You can sue for emotional distress in Florida if you can prove it stems from someone else’s negligence.

What Is a Typical Amount of Pain and Suffering?

There’s no typical amount for pain and suffering. What you can recover depends on factors like the severity of your injury and whether gross negligence is involved.

How Do I Define Pain, Suffering and Emotional Distress in Florida Law?

In Florida law, pain, suffering and emotional distress are psychological damages stemming from a physical injury.

What Is Florida’s No-Fault Law?

Florida’s no-fault law requires drivers to recover compensation from accidents from their car insurance policies. This comes from their personal injury protection (PIP) and property damage liability (PDL) coverage.

What Is Florida’s Legal Threshold for a Serious Injury?

Florida’s legal threshold for a serious injury is that injuries must involve a significant and permanent impairment, scarring, disfigurement or loss of a major bodily function.

Will an Insurance Company Pay Out for Pain and Suffering Compensation?

Insurance companies pay out for pain and suffering compensation based on the circumstances of the case. Factors involved include injury severity and level of fault.