If someone is negligent and causes you injury, you may be entitled to pain and suffering (Note: in car accidents in Florida, there is a threshold, which often is permanent injury but there are other options, before you are entitled to pain and suffering. Generally, pain and suffering is proven by testimony of the pain and the suffering and how the injury has impacted the injured person’s life. Pain and suffering is part of non-economic damages which includes loss of the enjoyment of life, disfigurement if applicable, etc. Pain and suffering is generally awarded by dividing it into past and future. Oftentimes, future pain and suffering is figured by seeking an amount per year and using the mortality tables to estimate how much longer the person will live. There is no exact standard for a jury awarding pain and suffering, which is what makes valuing pain and suffering so difficult.
