When you suffer injuries in a Florida car crash, you have the right to sue the negligent person responsible for the crash. Among the various types of damages you can recover are those for your pain and suffering. But how much is your pain and suffering worth in Florida?
As FindLaw explains, your pain and suffering damages are part of your noneconomic damages; i.e., the ones to which no one can place a precise dollar value. Often such damages go by the name of general damages. Since, unlike your medical costs, the value of your pain and suffering cannot be determined due to its subjectiveness, the jury in your personal injury lawsuit will have to use its best judgment. It likely will consider factors like the following:
- Your age at the time of your accident
- The severity of your injuries
- What, if any, ongoing consequences might your injuries cause you
- What, if any, preexisting condition(s) you had prior to your accident
- How much your economic damages; i.e., those to which a precise dollar value can be placed, total
Other things to be aware of
Florida puts no limit or “cap” on the amount of damages you can recover in a personal injury lawsuit. Our state does, however, have a “no-fault” rule in car accident cases that requires your own insurance provider to cover certain of your damages regardless of who actually caused the accident. Sometimes this “no-fault” rule precludes you from claiming pain and suffering damages in your personal injury lawsuit unless you suffered severe injuries in the crash.
This is general educational information and not intended to provide legal advice.