Cooper City Personal Injury Lawyers
If you were injured in an accident in Cooper City, you may be entitled to compensation. Donaldson & Weston has a team of experienced personal injury lawyers ready to help you seek justice. We understand how difficult it can be to face mounting bills, lost income, and long-term recovery. That’s why we offer free consultations to discuss your case and explain your rights. Call us today at 866-349-2912 to speak with a lawyer who will put your needs first. You pay nothing unless we win.
When Can You Sue for Pain and Suffering in Florida?
If you’ve been hurt in an accident in Cooper City or anywhere else in Florida, you may be wondering whether you can seek compensation for more than just your medical bills or lost wages. The physical pain, emotional distress, and changes to your quality of life are often just as damaging. In Florida, there are specific rules that govern when someone can pursue financial recovery for what’s legally referred to as “pain and suffering.” These types of damages fall under what the law calls “non-economic” damages.
Knowing when and how you can sue for pain and suffering can make a significant difference in the outcome of your personal injury claim. Not every case qualifies, and proving this kind of loss requires more than simply stating that you’re hurting. Let’s walk through when Florida law allows for pain and suffering claims, the challenges involved in pursuing them, and the steps you can take to build a strong case.
Defining Pain and Suffering in Legal Terms
Before diving into eligibility, it’s important to understand what courts and insurance companies mean by “pain and suffering.” This term refers to the physical discomfort, emotional distress, and mental anguish a person experiences after an accident. It can include ongoing pain, trauma, anxiety, depression, insomnia, fear, or even loss of enjoyment of life.
Pain and suffering can be temporary or permanent. Someone might live with chronic pain after a serious injury, or they may deal with the psychological aftermath of a traumatic car crash. While no amount of money can undo the damage, compensation aims to offer some form of justice for what you’ve endured.
Thresholds That Affect Pain and Suffering Claims in Florida
Florida operates under a no-fault insurance system for car accidents. This means that after most crashes, your own Personal Injury Protection (PIP) coverage pays for medical treatment and lost wages, regardless of who caused the accident. However, PIP does not cover pain and suffering.
To step outside the no-fault system and sue for pain and suffering after a car accident, you must meet a certain legal threshold. Under Florida Statutes Section 627.737, you may pursue non-economic damages if your injuries include one or more of the following:
- Permanent and significant loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death (in which case surviving family members may bring a wrongful death claim)
This threshold only applies to car accident claims. If your injuries resulted from a different type of personal injury, like a slip and fall, medical malpractice, or a dog bite, this no-fault barrier does not apply in the same way. In those cases, you can generally include pain and suffering in your demand for compensation as long as you can prove liability and the extent of your damages.
Proving Pain and Suffering
One of the biggest challenges in these types of claims is proving the existence and extent of your pain and suffering. Unlike medical bills or pay stubs, there’s no receipt that shows how much you’ve emotionally or physically suffered. That’s why documentation and storytelling play a key role.
Medical records are a foundation. These include doctor’s notes, prescriptions for pain medication, surgical reports, and physical therapy records. Mental health evaluations or counseling records can also be useful if emotional trauma is involved.
Statements from loved ones, coworkers, or others who can describe how the injury has affected your life are another helpful resource. Photos, videos, or even a daily journal documenting your recovery can strengthen your claim and provide a fuller picture.
An experienced personal injury attorney will often work with expert witnesses, such as psychologists, vocational experts, or medical specialists, to illustrate how the injury has affected your ability to enjoy life, maintain relationships, or return to normal routines.
Calculating Pain and Suffering Damages
There’s no fixed formula in Florida to calculate how much compensation you might receive for pain and suffering. However, insurance adjusters and attorneys often use a few common methods to arrive at a figure.
One method is the “multiplier” approach. Here, your total economic damages (such as medical expenses and lost income) are multiplied by a number between 1.5 and 5, depending on the severity of the injury and its impact on your life.
Another method is the “per diem” approach, where a daily rate is assigned to your pain and suffering, and then multiplied by the number of days you are expected to experience it.
Judges and juries in lawsuits may also award what they believe is fair based on the evidence and the credibility of the plaintiff’s experience. It’s important to note that juries in Florida are not given strict guidelines for determining non-economic damages, which can make outcomes vary widely.
Caps on Pain and Suffering Damages
Florida previously had caps on non-economic damages in certain personal injury cases, especially medical malpractice. However, the Florida Supreme Court has ruled that caps on non-economic damages in medical malpractice cases are unconstitutional, so there are no longer blanket limits in those situations.
That said, in rare circumstances, limits can still apply. For example, some government liability cases might have caps depending on who the defendant is and whether the legislature authorizes a larger payment.
Comparative Negligence Can Impact Your Claim
Florida follows a modified comparative negligence rule. This means that if you are found partially at fault for the accident, your total compensation—including pain and suffering—can be reduced by your percentage of fault. If you are found to be more than 50% at fault, you cannot recover any damages at all.
For instance, if your total award was $100,000 but you were 20% responsible for the accident, you would receive $80,000. This rule makes it especially important to work with a legal team that can present your case clearly and reduce the chance of blame being shifted unfairly onto you.
Compassionate Personal Injury Attorneys Serving Cooper City
Donaldson & Weston proudly serves Cooper City with experienced personal injury attorneys who care about your future. If you’ve suffered injuries due to another’s negligence, we’ll work tirelessly to hold the responsible party accountable. Our team is committed to clear communication, honest advice, and aggressive advocacy. We handle a variety of claims, always with your best interests in mind. Call 866-349-2912 today for your free consultation. You won’t pay anything unless we win. Let us help you take control of your recovery.
