If you were injured in a car accident in Florida, you may wonder whether you can recover non-economic damages like pain and suffering, emotional distress, or loss of enjoyment of life. The short answer is yes, but the process depends on the circumstances of your case and the extent of your injuries.
Florida law allows for non-economic damages under certain conditions, particularly when injuries are severe or permanent. These damages aim to compensate for the intangible losses that financial payments cannot fully address.
Because Florida operates under a no-fault system, however, not every accident leads to these types of claims. If your injuries meet the legal threshold or were caused by another party’s negligence, you may have a pathway to pursue them.
What Are Non-Economic Damages?
Non-economic damages refer to compensation for losses that do not have a direct monetary value. They aim to address the pain, inconvenience, and emotional struggles caused by an accident.
Common examples of these include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Loss of companionship or consortium
Unlike economic damages, which are calculated based on bills, pay stubs, or receipts, non-economic damages rely on subjective evaluation. This makes them inherently more complex to prove. A strong legal strategy often includes evidence such as medical records, witness testimony, and expert opinions to establish the severity of your suffering.
Florida's No-Fault Insurance System & Non-Economic Damages
Florida’s no-fault insurance system requires drivers to carry Personal Injury Protection (PIP) coverage. After a car accident, your PIP insurance covers up to $10,000 in medical expenses and lost wages, regardless of who was at fault. However, PIP does not provide compensation for non-economic damages like pain and suffering.
Recovering non-economic damages typically means stepping outside the no-fault system by meeting Florida’s "serious injury" threshold. This threshold includes injuries that result in:
- 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 qualify under these criteria, you can file a claim against the at-fault driver and pursue compensation for non-economic damages.
Proving Non-Economic Damages
Establishing non-economic damages requires strong evidence. Unlike economic damages, which rely on concrete numbers, proving intangible losses involves painting a clear picture of how the injury has affected your life.
Attorneys use several methods to substantiate these claims, including:
- Testimony from family members, friends, and colleagues describing changes in your behavior or quality of life
- Expert opinions from medical professionals, psychologists, or vocational specialists
- Photographs or videos that demonstrate the physical or emotional toll of the injury
- A journal or diary documenting your daily struggles and emotional state
When presented effectively, this evidence allows jurors or insurance adjusters to understand the full extent of your suffering. Building a persuasive case often requires collaboration between legal and medical professionals to ensure your claim captures the true scope of your losses.
Contact Us for Legal Assistance
If you were injured in a car accident, you may be eligible to fight for non-economic damages. The circumstances of your accident significantly affect your chances of obtaining a recovery, but our personal injury attorney at Paulsen Law Group has what it takes to assess your claim and determine its viability.
If you want to learn more about how we can fight for you, contact us today to request a consultation.