What is Pain and Suffering?

Trusted Content

Legally reviewed by:

Erik Abrahamson, J.D. January 09, 2019

What is Pain and Suffering

When you are hurt as the result of someone else’s negligence, whether it’s in a car accident, slip and fall, or medical malpractice, Florida allows you to file a claim for pain and suffering. Pain and suffering damages are one of the types of non-economic damages you can recover in a Florida personal injury case. Pain and suffering includes any physical, mental, or emotional distress you experience as a result of your injury.

Determining Pain and Suffering

In determining the amount of pain and suffering an individual has sustained, a jury or a court may look at factors such as:

  • the extent and duration of the personal injuries sustained;
  • the effect these injuries have on the well-being and overall mental and physical health of the plaintiff;
  • the mental anguish and physical pain suffered in the past, and that may be expected to be experienced in the future;
  • any disfigurement and embarrassment associated with such disfigurement;
  • the loss of the capacity to enjoy life.

Some examples of things that may be recoverable as pain and suffering damages include:

  • If you fractured your arm in a car accident, and it causes you pain for six months, you could recover pain and suffering damages for the period of time that you are in pain and unable to engage in activities.
  • If you were burned in a car accident, you could receive and award forpain and suffering based on the permanent physical and psychological effects of the scarring and disfigurement.

Limitations of Damages

Florida, like many states, imposes a cap on the amount of non-economic damages that can be recovered in some types of lawsuits. In medical malpractice claims and some claims against governmental entities, there may be caps on the amount of recovery you can receive for pain and suffering.

Contact a Trusted Attorney

If you’ve been injured due to someone’s negligence, you should consult with an experienced personal injury attorney. Contact the trusted lawyers at Abrahamson & Uiterwyk online or call us at 1-800-538-4878 to schedule your free consultation.