When Can You Sue for Pain and Suffering in Florida?
Let’s say you’ve been injured in an accident. Your car is totaled, your medical bills are piling up, and your life feels like it’s flipped upside down. But here’s the part many people forget: it’s not just the visible damage that matters. It’s the invisible toll, too: chronic pain, sleepless nights, anxiety, and a loss of enjoyment in the life you once knew.
That’s where “pain and suffering” come in.
Under Florida law, you can seek compensation for pain and suffering, but it’s not automatic. There are specific rules, requirements, and exceptions you need to know. Whether you’re recovering from a car crash, a slip and fall, or a dog bite, understanding how and when you can sue for pain and suffering can make all the difference in your case.
Let’s break it down.
What Is “Pain and Suffering” in Legal Terms?
In legal speak, pain and suffering fall under the umbrella of non-economic damages—that is, compensation for losses that don’t come with a receipt.
It includes:
- Physical pain and discomfort caused by your injuries
- Emotional trauma, such as anxiety, PTSD, or depression
- Loss of enjoyment of life (can’t play sports, take walks, or enjoy hobbies like before)
- Mental anguish and psychological distress
- Permanent disability or disfigurement
These damages are real, and Florida law recognizes that. But recovering them depends on several key factors.
When Can You Sue for Pain and Suffering in Florida?
Now for the million-dollar question: When can you sue for pain and suffering?
The answer depends on the type of case and the severity of your injuries.
Car Accidents: Florida’s “Serious Injury Threshold”
Florida is a no-fault insurance state. That means for most minor car accidents, your own insurance pays for your injuries under your Personal Injury Protection (PIP) policy, regardless of who caused the crash.
BUT—PIP doesn’t cover pain and suffering.
To sue for pain and suffering after a car accident, you must meet the “serious injury threshold” as defined in Florida Statutes § 627.737. That includes:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
If your injuries fall into one of these categories, then you can step outside the no-fault system and pursue a claim against the at-fault driver, including for pain and suffering.
Slip and Fall Accidents (Premises Liability)
In slip and fall cases, you can seek pain and suffering damages if you can prove that the property owner was negligent. That typically means showing:
- A dangerous condition existed (wet floor, uneven surface, poor lighting)
- The property owner knew or should have known about it
- They failed to fix it or warn you about it
Unlike auto cases, there’s no “serious injury threshold,” but the value of your pain and suffering claim will depend on the nature and severity of your injuries and how they affect your daily life.
Dog Bites and Other Personal Injury Claims
Florida has a strict liability rule for dog bites (Florida Statute § 767.04). If a dog bites you in a public place or lawfully on private property, the owner is liable—even if the dog has no history of aggression.
If you suffer physical injuries from a dog attack, you can also pursue compensation for the emotional trauma, pain, and suffering associated with the experience. And trust us—dog bites aren’t just about puncture wounds. We’ve seen victims suffer nerve damage, scarring, and debilitating anxiety around animals.
How Is Pain and Suffering Calculated?
Unlike medical bills or lost wages, pain and suffering don’t come with a neat price tag. In Florida, courts and insurance companies consider:
- The severity and permanence of your injuries
- Length of recovery time
- Level of daily disruption
- Emotional and psychological toll
- Impact on relationships and ability to enjoy life
Sometimes a “multiplier method” is used: your economic damages (like medical bills) are multiplied by a number (1.5 to 5+) depending on how severe your pain and suffering is.
Why You Shouldn’t Accept a Quick Settlement
Here’s the deal: insurance companies don’t want to pay for pain and suffering. In fact, they often push for fast, lowball settlements before you even realize the full extent of your injuries.
Once you accept that check, your right to pursue more compensation is gone—even if your pain worsens or becomes permanent.
This is why having an experienced personal injury attorney on your side is so important. At DeWitt Law Firm, we’ve seen far too many clients come to us after signing away their rights for a fraction of what their case was worth. Don’t let that be you!
The Key Takeaway!
If you’re hurting, physically, emotionally, or both, you deserve to be made whole. Florida law recognizes your pain. The key is knowing how and when to pursue it.
So before you settle, before you sign anything, and definitely before you try to “tough it out” on your own—Call the Dewitt Law Firm and let us fight for the full compensation you deserve.
Because your suffering deserves more than sympathy—it deserves justice.