If you’ve been in an accident in Florida, you might be wondering if you’re entitled to compensation for
your pain and suffering. While medical bills and lost wages are easier to quantify, pain and suffering
compensation is more complex and requires meeting specific legal thresholds.
your pain and suffering. While medical bills and lost wages are easier to quantify, pain and suffering
compensation is more complex and requires meeting specific legal thresholds.
Florida law takes a unique approach to compensating accident victims for non-economic damages like pain and
suffering. This post will break down the requirements, explain what “permanent injury” means in the legal
context, and help you understand how to strengthen your claim. Whether you’re at the beginning stages of
filing a claim or looking for clarification on Florida’s no-fault system, this guide is here to help.
suffering. This post will break down the requirements, explain what “permanent injury” means in the legal
context, and help you understand how to strengthen your claim. Whether you’re at the beginning stages of
filing a claim or looking for clarification on Florida’s no-fault system, this guide is here to help.
What Is Pain and Suffering Compensation?
“Pain and suffering” is a type of compensation awarded to accident victims for physical and emotional
distress caused by an injury. This includes:
distress caused by an injury. This includes:
- Physical Pain: Ongoing discomfort, pain from injuries, and physical limitations.
- Mental Anguish: Emotional distress, anxiety, depression, or PTSD brought about by the accident.
- Loss of Enjoyment of Life: The inability to enjoy activities or hobbies you did before the
injury.
While economic damages like medical bills and lost wages are straightforward to calculate, non-economic
damages like pain and suffering require a more nuanced evaluation. Florida’s laws make it clear that not
everyone qualifies to claim compensation for non-economic damages, but when you do, the payouts can be
significant for restoring a sense of justice.
damages like pain and suffering require a more nuanced evaluation. Florida’s laws make it clear that not
everyone qualifies to claim compensation for non-economic damages, but when you do, the payouts can be
significant for restoring a sense of justice.
How Permanent Injury Affects Your Right to Compensation
To step outside of Florida’s no-fault system and seek compensation for pain and suffering, you must prove
that your injuries are significant enough to meet the state’s “permanent injury” threshold. What
qualifies as a permanent injury? Florida law defines it as:
that your injuries are significant enough to meet the state’s “permanent injury” threshold. What
qualifies as a permanent injury? Florida law defines it as:
- Significant and Permanent Loss of an Important Bodily Function – such as walking, seeing, or the
use of a limb. - Permanent Injury Within a , Reasonable Degree of Medical Probability – as determined by a
qualified medical professional. - Significant and Permanent Scarring or Disfigurement.
For example, a back injury that limits mobility or an injury resulting in visible scarring after an
accident could qualify as a permanent injury. Your medical records, doctor’s testimony, and diagnostic test
results will play a crucial role in proving this.
accident could qualify as a permanent injury. Your medical records, doctor’s testimony, and diagnostic test
results will play a crucial role in proving this.
Proving Permanent Injury
To recover compensation for pain and suffering, it’s not enough to simply claim you’re in pain. Under
Florida law, you need to back up your claim with strong evidence, such as:
Florida law, you need to back up your claim with strong evidence, such as:
- Medical Records documenting your injury and treatments.
- Doctor’s Testimony confirming that your injury meets the criteria for permanence.
- Diagnostic Tests, such as X-rays, MRIs, or CT scans, showing the extent and impact of your
injury. - Witness Statements from coworkers, family, or friends who can attest to how the injury has
affected your daily life.
If you’re unable to demonstrate that your injury is permanent, you likely won’t qualify for pain and
suffering compensation, even if the accident wasn’t your fault.
suffering compensation, even if the accident wasn’t your fault.
Why Hiring an Attorney Matters for Your Claim
Navigating Florida’s pain and suffering laws can be overwhelming, but Carey Leisure Carney is here to help.
Our experienced attorneys will:
Our experienced attorneys will:
- Gather and organize the medical and legal evidence needed to prove the extent of your injuries.
- Handle negotiations with insurance companies to secure the fair settlement you deserve.
- Fight for your rights in court if your case goes to trial.
With Carey Leisure Carney by your side, you’ll have the support and expertise needed to maximize your
compensation so you can focus on what truly matters—your recovery.
compensation so you can focus on what truly matters—your recovery.
Take Control of Your Pain and Suffering Claim Today
Pain and suffering compensation can be a crucial lifeline for accident victims facing lifelong challenges
after an injury. Florida’s no-fault system and permanent injury requirements can make the claims process
more complex, but with the right legal guidance, you can navigate these challenges. At Carey Leisure Carney,
our experienced personal injury attorneys are here to help.
after an injury. Florida’s no-fault system and permanent injury requirements can make the claims process
more complex, but with the right legal guidance, you can navigate these challenges. At Carey Leisure Carney,
our experienced personal injury attorneys are here to help.
If you or a loved one has questions, schedule a free consultation with our team today. We’re committed to
providing the clarity, compassion, and action plan you need to move forward.
providing the clarity, compassion, and action plan you need to move forward.