Pain and Suffering in Florida and the Average Settlement Amount

Trusted Content

Legally reviewed by:

Erik Abrahamson, J.D. March 03, 2020

If you sustained serious injuries in a car accident, you might be considering legal action to recover your damages.

Personal injury attorneys generally include pain and suffering in the list of damages that victims might be entitled to recover in an insurance claim or lawsuit.

Florida law, although complex, does allow accident victims to recover compensation for pain, suffering, and mental anguish. To recover this compensation, however, the victim’s injuries must meet the statutory standards for severity.

pain and suffering florida

If you do qualify for pain and suffering in Florida, you may be curious what the average pain and suffering settlements are in cases like yours.

Talking to a Florida car accident lawyer is the best way to determine what the approximate value of your claim might be.

Can I Sue for Pain and Suffering Under Florida Law?

Under the Florida statutes for pain and suffering, accident victims can recover compensation “…for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease.”

However, the victim’s injuries must meet at least one of the following standards:

  • Significant and permanent loss of an important bodily function;
  • Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; or
  • Significant and permanent scarring or disfigurement.

The statutes also allow recovery for pain and suffering if the victim died as a result of their injuries. In these cases, the victim’s family members can call on a wrongful death lawyer to help them pursue a claim.


Is There an Average Pain and Suffering Settlement Amount in Florida?

If you have been searching for information about average pain and suffering settlement amounts in Florida, you might be getting frustrated by the lack of answers.

The reason you won’t find any accurate information about average injury settlements is that every case is unique.

Even if you find pain and suffering settlement examples online, this information likely has little or no relevance to your case.

To quickly and accurately identify the potential value of your claim, take advantage of the free consultation and case evaluation offered by Abrahamson & Uiterwyk. Our attorneys review the facts of your case and provide you with relevant information that applies specifically to your claim and potential settlement value.


Can I Calculate My Pain and Suffering Compensation Amount Accurately Without Speaking to a Lawyer?

A quick internet search will provide access to any number of personal injury settlement calculators. Some of these calculators specifically address car accident settlement pain and suffering values.

Before you rely on these calculators to provide an accurate estimate of your claim’s value, however, consider these facts.

Insurance Companies Do Not Use Settlement Calculators

The insurance company reviewing your injury claim and settlement demand will take whatever steps are necessary to minimize their payout to you. Actuaries and legal experts will evaluate your injuries and prognosis personally before deciding how much compensation is appropriate.

If you use a calculator to determine how much compensation you deserve, the results are unlikely to be accurate and could be potentially misleading for you.

Calculators Cannot Interpret How Florida Law Applies to Your Injuries

Florida law allows victims to be compensated for pain and suffering only under very specific circumstances. No automated approach to calculating personal injury damages can interpret how the law might apply to your case or what the statutes will allow you to recover in your claim.

The Value of Your Pain and Suffering Is Unique

No two accident victims (or their injuries) are alike. For this reason, you need a legal expert to analyze your case.

A Florida car accident attorney understands how to calculate pain and suffering based on your case details and what’s allowable under state law.


How Does Florida’s Injury Threshold Affect Your Pain and Suffering Claim?

As touched on above, section 627.737 of the Florida Statutes identifies the requirements necessary to recover pain and suffering in an injury accident claim. To summarize these requirements in the simplest way, your injuries must be considered permanent and significant in the eyes of the court.

Scarring and disfigurement typically meet the standard. Loss of bodily function also meets the standard. However, the way the statute is worded might suggest that you won’t qualify for pain and suffering if you didn’t lose a limb or suffer paralysis.

In fact, a large percentage of Florida injury accident victims do qualify to receive compensation for their pain, suffering, and mental anguish.

Before you become discouraged or abandon your hope for recovering fair compensation for your damages, talk to an attorney. No one is better suited to determine the viability and value of your case than an experienced Florida personal injury lawyer.

How Do You Prove That You Meet the Injury Threshold?

Your lawyer understands how to investigate and document your claim appropriately. Attorneys have resources, including medical and economic subject matter experts, that can be used to build a persuasive case.

To demonstrate the value of your claim, your attorney might use documentation and evidence such as:

  • Medical bills,
  • Wage statements,
  • Vocational expert opinions,
  • Medical expert opinions, and
  • Economic expert opinions.

Your attorney will demonstrate not only the severity of your injuries but how your injuries affect your life—both now and in the future. Your lawyer understands how to calculate the true value of your injuries and other damages. Armed with this knowledge, your lawyer will be in the best position to negotiate for the greatest settlement value.


Why Should You Talk to a Personal Injury Lawyer About Your Pain and Suffering Claim?

As an accident victim, your priorities must be recovering from your injuries and getting your life back on track. You should not have to wonder whether you have a valid claim or if you qualify for pain and suffering as a part of your settlement.

You also shouldn’t have to figure out all the legal details of a claim, like whether you can prove you were a victim of negligence.

When you trust a car accident lawyer to handle your case, you benefit from the experience and knowledge of the attorney and the law firm.

Your lawyer can evaluate the details of your accident and identify the at-fault party (or parties). Your lawyer can gather the evidence necessary to demonstrate negligence and prove liability.

Finally, a personal injury lawyer understands how to identify and support all your damages so you can pursue the maximum possible settlement—including pain and suffering.

Talk to a Florida Personal Injury Lawyer Today for Help

The personal injury lawyers of Abrahamson & Uiterwyk have seen to the needs of more than 20,000 accident victims, recovering more than $800,000,000.

For more than three decades, we have fought for our clients, protecting their legal rights and helping them recover the compensation they deserved for their injuries.  

We offer a free initial consultation, and we never collect any legal fees unless and until we recover compensation for you. To discuss your case and learn what your pain and suffering settlement value might be, contact us now