In Florida, pain and suffering are a major component of compensation for victims. Anyone who wants to know how much they can sue in Florida for pain and suffering will need this information.
What is Pain and Suffering in Florida?
Pain and suffering a person experiences as a result of an injury includes both physical discomfort and emotional distress. This can involve physical pain, mental suffering, loss of enjoyment in life, depression, anxiety, and anguish. Unlike economic damages, which cover tangible losses such as medical expenses and lost wages, pain and suffering are considered non-economic damages. These are also subjective and vary from case to case.
Compensation for Pain and Suffering
Florida law allows individuals to sue for compensation for pain and suffering in personal injury cases. The state has specific laws and case laws that affect the amount of non-economic damages one can sue for. Florida uses a “comparative-negligence” standard, which means the compensation may be reduced by the percentage of fault attributable to the injured party.
Florida’s status as a state with no-fault auto insurance has also led to unique provisions for pain and suffering claims. To sue in an auto accident case for pain and suffering, the victim must meet a threshold of “serious injuries.” This includes permanent and significant loss of bodily function or a permanent injury that is within a reasonable medical probability.
Caps on Florida Pain and Suffering
Florida caps non-economic damages for certain types of claims. For example, in medical malpractice cases, non-economic damages are capped at $500,000 to $1,000,000, depending on the details of the case and the parties involved. These caps have undergone legal challenges over the years and have changed, so it is important to consult with an attorney who understands the current legal landscape.
This post was written by a professional at Kevin L. Sullivan II. Attorney Kevin L. Sullivan II is your truck accident attorney New Port Richey FL, and the best personal injury attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.