Can I Sue for Pain and Suffering in Florida?

If you’ve been injured in an accident, you may be entitled to more than just reimbursement for medical bills and lost wages. In many Florida personal injury cases, victims can also recover pain and suffering damages — compensation for the physical and emotional impact of their injuries.

At The Bonderud Law Firm, we fight for the full value of every injury case — not just the obvious financial costs. Here’s what you need to know about suing for pain and suffering in Florida.

What Is Pain and Suffering?

“Pain and suffering” refers to non-economic damages — the real but less tangible harm you experience as a result of your injury. This includes:

• Physical pain
• Emotional distress
• Anxiety or depression
• Loss of enjoyment of life
• Disfigurement or scarring
• Sleep disruption
• Grief, trauma, or PTSD
• Impaired relationships or intimacy

These are subjective damages, but they are just as real — and Florida law allows you to seek compensation for them in many cases.

When Can You Sue for Pain and Suffering in Florida?

Whether you can recover pain and suffering depends on the type of case and your level of injury.

✅ In car accidents:
Because Florida is a no-fault state, you typically must prove that your injury is “serious” to sue for pain and suffering. Under Florida Statute § 627.737, this includes:

• Significant and permanent loss of an important bodily function
• Permanent injury
• Significant and permanent scarring or disfigurement
• Death

If your injuries qualify, you can bring a claim against the at-fault driver’s bodily injury coverage.

✅ In non-auto cases:
Slip and fall, premises liability, product liability, and other injury cases do not require a permanent injury threshold — pain and suffering can be part of the claim automatically.

How Is Pain and Suffering Calculated?

There is no fixed formula, but factors may include:

• Severity and duration of the injury
• Type of treatment (e.g., surgery vs. physical therapy)
• Impact on daily life, hobbies, and relationships
• Psychological effects and emotional toll
• Whether the injury is temporary or permanent

Juries — or insurance adjusters — will consider all of this when assigning value.

What Evidence Supports a Pain and Suffering Claim?

Strong evidence includes:

• Medical records and doctor’s notes
• Testimony from medical providers and therapists
• Pain journals or daily symptom tracking
• Photographs or videos of your injuries
• Testimony from family, friends, or coworkers
• Psychological evaluations (if applicable)

Don’t Settle for Less Than You Deserve

Pain and suffering damages are often the largest component of a personal injury settlement — and insurance companies fight hard to minimize them.

At The Bonderud Law Firm, we build strong cases with detailed documentation and expert support to make sure your full story is told.

Contact us today to schedule a consultation and pursue the compensation you’re entitled to.