Suing For Pain And Suffering In Florida: What Are Your Legal Options?

In this article, you can discover…

• How Florida law defines “pain and suffering” in personal injury cases.
• Whether accident victims automatically qualify for pain and suffering damages.
• The types of evidence that can help demonstrate pain and suffering losses.

How Does Florida Law Define “Pain And Suffering” In Personal Injury Cases?

“Pain and suffering” is not a strict, legally defined term. Rather, it is used to describe any pain, impairment, reduction of ability, and general reduction of quality of life that results from having been injured in an accident or due to someone’s negligence.

Do Accident Victims In Florida Automatically Qualify For Pain And Suffering Compensation?

No. Liability insurance has no obligation to pay for pain and suffering damages, unless a doctor has diagnosed you with a permanent injury within a reasonable degree of medical probability. This exact phrase is important, as without a doctor certifying that you were so injured, by law, you cannot make any recovery against insurance for pain and suffering.

This is why it is so important to seek medical help for your injuries and to finish the course of your doctor-recommended treatment after an injury.

Attorney Luke Moreau is a hard-working, respected personal injury attorney serving Florida. Since 2013, he’s helped clients just like you fight hard for the damages they need and deserve, including awards for pain and suffering.

Have questions, or in need of legal guidance? Reach out to The Law Offices of Luke T. Moreau, ESQ. for an initial consultation today.

How Do Florida Courts And Insurance Companies Calculate Pain And Suffering Damages?

There is no precise calculation that is used. Ultimately, both attorneys and insurance companies base their valuation of what they believe a jury might see and award for pain and suffering. In the end, a jury is the only group that can decide pain and suffering damages.

You, as the injured party, can assert your damages, and the insurance company can argue that your losses are worth far less, but a jury is the one who makes that determination. Ultimately, the valuation for pain and suffering losses is based on what both sides believe a jury would award should your case be presented to them for a verdict.

What Types Of Evidence Can Prove Long-Term Pain And Suffering In An Injury Case?

Pain and suffering are not easily proven by objective medical records or tests. Instead, pain is demonstrated by the impact it has had on your life. Your own testimony, testimony from friends and family, loss of income, a change in careers, and ceasing activities you used to enjoy can all be used as evidence of pain and suffering.

When Pain And Suffering Damages Make A Meaningful Difference For A Client

At times, I have been able to obtain a significant award for pain and suffering damages despite the lower cost of medical bills. In these cases, though insurance companies argued that medical treatment and the resulting bills would be minor, I was still able to demonstrate that the pain and suffering from the accident had a significant impact on the client’s life.

Those cases were resolved for a greater amount than objective medical records would suggest. Which is why it is critical to have a skilled, attentive personal injury attorney in your corner. Your attorney can help an insurance company understand both the tangible and intangible losses you have suffered, and work hard to ensure you receive the damages your case truly merits.

Still Have Questions? Ready To Get Started?

For more information on pain and suffering damages in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 278-7439 today.