Per Florida Statute 627.737 (2), which I pasted below, you must prove one of four things to be entitled to pain and suffering. The one we are generally dealing with (assuming someone didn’t die, or having significant and permanent scarring or the significant and permanent loss of an important bodily function) is a “permanent injury within a reasonable degree of medical probability.” We call this the permanent injury threshold as you must breach the threshold to be entitled to pain and suffering. We generally prove the permanent injury though medical testimony, which is why choosing a good doctor is so important.
(2) In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730–627.7405, or against any person or organization legally responsible for her or his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:(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.(d) Death.
If you have been in a car accident and believe the other vehicle is at fault, please feel free to call the accident attorney at Drucker Law Offices, which is attorney Gary J. Drucker. At Drucker law offices, there is a free consultation with the injury lawyer who will discuss your case with you. Mr. Drucker gives his cellular phone to all the clients as his belief is that “personal injury deserves personal attention.” And of course, there is no fee unless you recover money in your accident case.
