Pain and Suffering After a Florida Car Accident

How Much Is Pain and Suffering Worth in a Car Accident in Florida?

If it does, a judge or jury weighs how the injury has changed your life. The value depends on the facts of your case.

This guide explains the rules. It also covers the factors that matter and the steps that help protect your claim. CHG Personal Injury Lawyers represents people hurt in crashes throughout Florida, including in Miami, Orlando, Tampa, and Jacksonville.

What Is Pain and Suffering in a Florida Car Accident Claim?

Pain and suffering is money a person can seek. It covers the physical and emotional harm a crash causes. Florida law describes it as “pain, suffering, mental anguish, and inconvenience” from a bodily injury (Fla. Stat. § 627.737).

Florida also separates other losses. Under Fla. Stat. § 768.77, when the trier of fact finds that the defendant is liable, it must itemize the amounts awarded to the claimant into categories of damages as part of the verdict, including:

• Economic losses: bills, lost wages, and other money costs.
• Noneconomic losses: a category of damages that, under Florida law, the jury must itemize separately from economic losses.

Pain and suffering is a noneconomic loss. It is often the largest part of a claim. It is also often the hardest part to explain.

Does Your Injury Meet Florida’s Threshold?

Only certain injuries allow a claim for pain and suffering after a car crash. A threshold is a minimum requirement. Under § 627.737(2), a plaintiff may recover damages for pain, suffering, mental anguish, and inconvenience only if the injury consists in whole or in part of one of the harms the statute lists, including death. Under Fla. Stat. § 627.737, the injury must consist, in whole or in part, of:

• A 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.

Pain and suffering damages are available only in the event that the injury or disease consists in whole or in part of the conditions listed in that section (Fla. Stat. § 627.737).

The threshold works as a gate. It decides whether pain and suffering can be pursued at all.

A defendant can ask the court to test whether you meet it. The defendant can make that request one time. The court then decides, one time only and 30 days before trial or the pretrial hearing, whichever comes first, whether you can submit some evidence that you meet the threshold. If you cannot, the court dismisses the claim without prejudice (§ 627.737(3)).

Documentation matters. Follow your doctors’ care plan. Keep every record. These records show how long an injury has lasted and how it has affected you.

So How Much Is Pain and Suffering Worth?

Be cautious about any number you see online. No general number can account for the facts of your life.

Several factors shape how a claim is valued:

• The injury itself. Its severity, and whether it is permanent.
• Medical proof. Consistent treatment records, imaging, and doctor opinions.
• Daily impact. How the injury affects work, sleep, family life, and hobbies.
• Fault. Florida’s comparative fault law (§ 768.81) can reduce an award. This applies when the injured person shares some blame: in a negligence action, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages, but this does not apply to personal injury or wrongful death actions arising out of medical negligence under chapter 766.

Courts also check verdicts. On motion, a judge reviews a motor vehicle award. If the award is clearly excessive or inadequate, the judge can order a remittitur (a reduction) or an additur (an increase).

The judge looks at whether the award reflects prejudice, passion, or corruption. These mean bias, emotion, or wrongdoing. The judge also asks whether the award reasonably matches the damages proved (Fla. Stat. § 768.043).

How Medical Bills Affect the Claim

Medical bills are evidence of treatment costs. Florida has specific rules for them.

• If bills were paid, the proof is limited to the amount actually paid, whatever the source (§ 768.0427).
• A “letter of protection” is an arrangement. A provider treats you. In return, the provider gets a promise of payment from a future judgment or settlement (§ 768.0427).

Some payments you receive can also reduce an award. The court reduces the award by amounts available from collateral sources (payments from other sources). The exception applies where a subrogation right (a right to be repaid) or a reimbursement right exists (Fla. Stat. § 768.76).

How the Claim Process Works

Most car accident claims move through the same early steps. The order below is a general guide. It is not a promise about your case.

1. Report the crash. For a crash that causes injury, the officer must submit a Florida Traffic Crash Report within 10 days after finishing the investigation (§ 316.066). The Florida DHSMV explains crash-report requirements.
2. Get medical care. Follow your doctors’ plan. Keep all records, bills, and appointment notes.
3. Use your personal injury protection (PIP). PIP is coverage from your own policy. It must provide $10,000 in medical and disability benefits. Under § 627.736, medical benefits are Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, provided the individual receives initial services and care within 14 days after the motor vehicle accident. PIP does not pay pain and suffering damages.
4. Gather evidence. Keep photos, witness names, wage records, and notes on your daily limits.
5. Talk with a lawyer promptly. Florida sets filing deadlines by statute (§ 95.11). Waiting can cost you options.
6. Negotiate or file suit. Many claims settle before trial. Others go to court.

The Florida DHSMV also explains what to do after a crash. It describes how injured parties may pursue a civil claim against an at-fault driver.

Mistakes That Can Weaken a Pain and Suffering Claim

• Gaps in treatment. Long breaks in care make it harder to link symptoms to the crash.
• Delayed medical visits. Waiting to see a doctor gives insurers a reason to question the injury.
• Casual statements. Quick comments to adjusters or on social media can be used against you.
• Missing the deadline. Florida’s filing deadlines apply even when the injury is still developing.

Why Injured People Contact CHG Personal Injury Lawyers

• Florida-based. CHG Personal Injury Lawyers represents people across Florida, including in Miami, Orlando, Tampa, and Jacksonville.
• Licensed attorneys. Our attorneys are licensed in Florida and admitted to The Florida Bar.
• Responsible attorney. Igor Hernandez is responsible for this page.
• Broad case focus. The firm handles car accidents, truck accidents, motorcycle crashes, slip and falls, and catastrophic injury claims.
• Clear fees. CHG charges no attorney’s fees and no case costs unless there is a recovery.

Frequently Asked Questions

Talk With Our Team About Your Claim

If a crash left you with lasting pain, limited movement, or a permanent injury, you may have a claim. Our team offers a free, confidential, no-obligation first consultation. Contact CHG Personal Injury Lawyers for a free case evaluation.