What constitutes pain and suffering in a Florida auto accident case?
- Pain and suffering is a type of damage. There are two types of damages under Florida law, intangible damages and tangible damages. Tangible damages are lost wages or medical expenses. As far as intangible damages, those are pain and suffering, loss of the capacity to enjoy life, mental anguish, and inconvenience. Under Florida law, if an injured claimant proves that they have some sort of permanent injury, whether it's 1%, 50%, or 100% permanent impairment rating, then they could be entitled to the Florida threshold of permanent injury.
