How much money can you sue for pain and suffering? (2024)

FAQs

How much money can you sue for pain and suffering? ›

Generally speaking, there is no cap on the amount of damages that can be awarded for general pain and suffering in Florida. However, if the lawsuit involves medical malpractice, then there is a limit of $500,000 that can be awarded.

The Multiplier method adds up all incurred costs like medical bills, lost wages, etc. along with inevitable future costs. It then takes that total and multiplies it 1.5 to 5 times that amount depending on the severity of the pain, suffering, and emotional distress.

Florida Statute 627.737 states that to meet the legal threshold, you must meet a set of requirements to claim for pain and suffering damages: Significant loss of the body's regular function. A permanent state of injury. Significant or permanent scarring or disfigurement of the body.

Florida law, although complex, does allow accident victims to recover compensation for pain, suffering, emotional distress and mental anguish. To recover this compensation, however, the victim's injuries must meet the statutory standards for severity.

To determine a potential settlement value, they first combine the total of medical expenses to date, projected future medical expenses, lost wages to date and projected future lost income. The resulting sum is then multiplied by the pain and suffering multiplier value to produce a projected settlement amount.

It is an equation that adds up all compensable damages (economic or special damages) and multiplies it by a number between 1.5 and 5. The number chosen will depend on the severity of the victim's injuries and losses. The second method is the per diem method.

A reasonable proposed settlement figure is one that takes into account the amount of awards juries in your area have made in recent, similar cases. Your initial settlement demand should be a number that's high enough to leave you room for negotiation.

In general, if you can get close to judgment value of the case in settlement, then it should be considered a very good settlement.

Ask for more than what you think you'll get

There's no precise formula, but it's generally recommended that personal injury plaintiffs ask for about 75% to 100% more than what they hope to receive.

How much can you sue for emotional distress in Florida? ›

There is no set amount of money you can recover in a settlement when suing for emotional distress in Florida. However, if your lawsuit is against a government entity or a medical malpractice claim, there is a cap on damages. The cap is $200,000 in the former situation and $500,000 in the latter.

A personal injury lawsuit in Florida can take anywhere between a few months to several years since every case is different. In general, most cases take an average of 12 to 14 months to resolve, but some may be settled more quickly. Others can take several years to resolve, especially if litigation is necessary.

Florida allows individuals to seek compensation for their pain, suffering, and emotional anguish after some mishaps. However, not everyone has a chance to file this kind of claim. A personal injury lawyer in Florida from Fasig | Brooks can assess your situation to see if you qualify for emotional distress compensation.

Pain and suffering is a term that applies to the noneconomic aspect of a plaintiff's damages claim in a personal injury case. It typically includes physical pain, as well as mental anguish, and other physical, mental, and emotional damages stemming from a personal injury.

In Florida, there are generally two types of settlement payments: lump-sum or structured settlements. A lump-sum payment means you'll receive the entire settlement amount at once, while a structured settlement distributes the payment over a set period. The timeline for receiving the settlement funds can vary.

Under Florida's no-fault law, which is §627.737, subsection two, a permanent injury is: a) significant and permanent loss of an important bodily function; b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; c) significant and permanent scarring or disfigurement; ...

There's no set formula to calculate damages. However, a general rule to discern the amount awarded is to combine your expenses and determine a value for your pain and suffering. A personal injury lawyer can help you determine the amount in both general and special damages that you deserve.

In tort law, compensatory damages, also known as actual damages, are damages awarded by a court equivalent to the loss a party suffered.

Yes, there are options to receive disability benefits for chronic pain. If you suffer from chronic pain, you know well that the pain, itself, is not your only problem. The pain may prevent you from exercising, from taking care of your home and family, and — importantly — from doing your job.

Therefore, rather than basing your claim on your hourly rate or your annual salary, loss of earnings is usually calculated by taking an average of your earnings for the three months before your accident.