If someone’s negligence caused your injury in a Florida car or truck crash, “Can you get money for your pain, suffering, mental anguish, and inconvenience?”
Maybe. Let me explain.
(Note: You may also be able to recover many types of damages other than pain, suffering, mental anguish, and inconvenience but that is outside the scope of this article.)
In any claim of tort brought against the owner, registrant, operator, or occupant of a motor vehicle, with respect to which security has been required by ss. 627.730-627.405 or against any person or organization legally responsible for her or his acts or omissions an injured person may recover damages in tort for pain, suffering, mental anguish, and inconvenience arising out of the ownership, maintenance, operation or use of a motor vehicle only if the injury 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. (You have rights if your family member is killed in an accident in Florida.) Florida Statute 627.737(2)
Table of contents
- What is the Tort Threshold?
- Example – Negligent Operator Driving a “Motor Vehicle” – Permanent Injury Required
- If Part of Your Injury Involves a Permanent Injury, Can You Get Pain and Suffering Compensation for All of Your Injuries Related to the Crash?
- It’s Tougher to Get Money for Pain and Suffering in Minor Impact Smaller Injury Cases
- Vehicles That Aren’t “Motor Vehicles” Under Florida Law
- When You Don’t Need a Threshold Injury in Florida
- Example Where You Don’t Need a Permanent Injury
- Pain and Suffering Compensation if Your Car Wasn’t Insured
- Will Uninsured Motorist Insurance Pay for Pain and Suffering From a Car Accident?
- Using an Online Settlement Calculators for Calculating Pain and Suffering
- Injuries Where You May Have a Pain and Suffering Claim From a Vehicle Accident
- Shoulder Injury (e.g. Rotator Cuff or Labrum Tear, etc.)
- Broken Hand or Fractured Wrist
What is the Tort Threshold?
The need to exceed one of the above criteria is known as the tort threshold, threshold injury or piercing the tort threshold. This law uses the word “motor vehicle” with respect to which security has been provided as required by ss. 627.730–627.7405. Find out what is considered a “motor vehicle” in Florida.
Warning! While the street definition of “motor vehicle” would include most vehicles that you can think of, under Florida law it does not. There are many vehicles that are not considered “motor vehicles” in Florida and thus are not subject to the tort exemption and limitation of right to sue as mentioned above.
In order to recover damages in tort for pain, suffering, mental anguish, and inconvenience in the above scenarios, your injury does not have fall into more than one of the categories above. It just has to meet one of them.
Example – Negligent Operator Driving a “Motor Vehicle” – Permanent Injury Required
Michelle was driving her car in Miami when she ran a red light and hit Sara. Sara suffered a wrist fracture and had surgery days later.
Sara had a scar on her wrist. Sara claimed that the Michelle’s negligence caused Sara’s injury.
USAA was listed on the Florida crash report as Michelle’s auto insurer.
We sent a letter to USAA requesting a disclosure of certain information required pursuant to Florida Statute 627.4137. USAA sent us the required information which stated that Michelle had a liability insurance coverage with USAA in the amount of $100,000/$300,000.
Maria brings a tort claim against the Michelle, the driver of a motor vehicle (in this case a car) and against an organization legally responsible for her (in this case Michelle’s employer).
Maria (the injured person) may recover compensation for pain, suffering, mental anguish, and inconvenience arising out of the operation or use of a motor vehicle only if her injury consists in whole or in part of:
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
We hired investigator Elena Dyer to speak with the police officer who witnessed the crash. We also submitted Maria’s medical bills, records and pictures of her scar to USAA.
Sara’s medical bills were significantly less than $100,000. USAA sent us the check for the $100,000 limits of bodily injury insurance along with a release.
Although USAA did not have a document from Sara’s doctor stating that she had a Permanent injury within a reasonable degree of medical probability, they still paid the limits.
Why Did USAA pay the $100,000 BI Insurance Limit?
USAA paid the $100,000 limit because they knew that:
1. There was a strong likelihood that a doctor will state that her wrist surgery with the insertion of hardware (plate and screws) is permanent injury within a reasonable degree of medical probability. This is usually the case when an injured person has hardware inserted into their body.
2. Her scarring could be considered significant and permanent scarring.
The insurance adjuster knew that if our Sara’s injury consisted of either one of those or both she may recover damages for pain, suffering, mental anguish, and inconvenience because of bodily injury.
We did not deposit the check or have our client sign the release. We then sent a financial affidavit and resident relative affidavit and vicarious liability affidavit.
It was only then that USAA told us that Michelle was working for her employer. Old Dominion Insurance Group insured her employer.
Old Dominion is part of Main Street America Group.
We sent a letter to Old Dominion Insurance Group requesting a disclosure of certain information. They responded in writing by stating that their insured carried $1,000,000 in liability insurance coverage.
Employer Is Liable for Employee Driver Even if He/She Used His/Her Own Vehicle
Under the doctrine of respondeat superior, if at the time of the occurrence the employee’s conduct was within the scope of his or her employment, the employer will be liable for the employee’s negligence even if the employee was operating his or her own automobile. See, e.g., Merwin v. Kellems, 78 So.2d 865 (Fla. 1955); Standley v. Johnson, 276 So.2d 77 (Fla. 1st DCA 1973).
An employer can be one of the many potential defendants in an auto accident case.
Old Dominion paid $100,000. Thus the case settled for $200,000.
USAA and Old Dominion sent us their settlement releases. However, I properly drafted the settlement release so that our client’s rights were protected.
This includes if you’re a non-resident of Florida and you’re injured as a passenger in a Florida automobile crash with another Florida automobile. Johnson v. Liberty Mut. Ins. Co., 297 So.2d 858 (Fla. 4th DCA 1974).
If you are in a rental car that is rented in Florida, you need to show that you have a permanent injury in order to have a chance at getting compensation for pain and suffering.
Situations Where Permanent Injury Is Required – category “b” above
The reality is that in most car accidents, there are two cars involved. Thus, if you were a passenger in a car and the crash was caused another car, your injury would have to generally meet one of the criteria in categories a-d above.
If you entire medical treatment consisted of one hospital visit with complaints of neck pain will usually not get you any money for pain and suffering.
Now, if you treat with a doctor for a few months and your pain does not go away, the doctor may believe that you have a permanent injury and you may be entitled to money for pain and suffering.
If Part of Your Injury Involves a Permanent Injury, Can You Get Pain and Suffering Compensation for All of Your Injuries Related to the Crash?
Yes. Wald v. Grainger, 64 So.3d 1201, 1205-06 (Fla. 2011).
As long as part of the bodily injury arising out of the motor vehicle accident involves a permanent injury “within a reasonable degree of medical probability,” the claimant can recover noneconomic damages related to his pain, suffering, mental anguish, and inconvenience for all of the injuries related to the accident.
Howard Wald, Jr., was involved in a car accident with Sam Felos, who admitted his fault for the accident. This isn’t my case.
Wald claimed injuries to his neck, back, right arm, foot, and thigh from the collision. He sued for compensation for his neck and back injuries.
Wald didn’t seek compensation for his thigh injury because it caused no ongoing chronic pain.
Since the defendant admitted fault, the only issues the jury had to consider were causation, the permanency of Wald’s injuries, and compensation.
Wald’s doctor, Dr. Jackson Tan, said that Wald’s injuries, including his neck, back, right elbow, and right thigh injuries, were permanent and connected with the accident.
Defense Doctor Agreed He Had Permanent Thigh Numbness
The defendant’s expert physician, Dr. Howard Hogshead, testified that Wald had permanent right thigh numbness. Dr. Hogshead gave Wald “the benefit of the doubt,” that condition was related to the collision.
He also stated his opinion that Wald did not sustain permanent neck or back injury as a result of the accident.
Before the case was decided by the jury, the court (via a directed verdict) found that the thigh injury was permanent. The jury wasn’t asked if any of Wald’s other injuries were permanent.
The jury entered judgment for Wald. They awarded him over $1 million for his injuries. The Florida Supreme Court approved the verdict.
Basically, the jury may have awarded money for his pain and suffering from his other injuries that weren’t permanent.
However, as long as he had one permanent injury, he could also get compensation for other injuries that may not have been permanent. As mentioned above, his permanent injury was his thigh injury.
Other Categories (a,b,d) Scarring, Death, Loss of a body function
If you were a passenger in a car and the car was hit by another car, you may be able to get money for pain and suffering if you have significant and permanent scarring.
You may also be able to get money for pain and suffering if you lose an important bodily function, such as the loss of your spleen. And of course, your survivors are entitled to pain and suffering damages if you are killed in an accident.
It’s Tougher to Get Money for Pain and Suffering in Minor Impact Smaller Injury Cases
In Florida, it is tougher to get money for pain and suffering if you are in a minor impact smaller injury case because you may need to meet the tort threshold in many instances. Often times, a jury will find that your injury does not meet the tort threshold. If that happens, they are not legal allowed to award you any money for pain and suffering.
Some examples of where it is more difficult to meet the tort threshold is if your injury is a bulging disc, herniated disc, neck pain, back pain, knee pain or general pain.
That being said, I settled a South Florida car accident case for $95,000 where my client claimed a herniated disc. The bulk of that settlement was for pain and suffering.
That one just one of hundreds of Florida car accident cases where we were awarded money for pain and suffering.
Vehicular Accidents where Threshold Injury Is Not Required to Recover for Pain and Suffering
On the other hand, there are some vehicular accidents where you do not to have to show one of the injuries described in Florida Statute 627.737(2) in order to recover damages for pain, suffering, mental anguish, and inconvenience in a tort action brought against the owner, registrant, operator, or occupant of a vehicle.
This is because these vehicles don’t do not meet the definition of motor vehicle.
So if you have a tort claim brought against the owner, registrant, operator, or occupant of one of those vehicles below, or against any person or organization legally responsible for her or his acts or omissions, an injured person may recover damages in tort for pain, suffering, mental anguish, and inconvenience arising out of the ownership, maintenance, operation or use of that vehicle even if the injury does NOT 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. [You have rights if your family member is killed in an accident in Florida.]
Vehicles That Aren’t “Motor Vehicles” Under Florida Law
The vehicles below aren’t motor vehicles for which security has been provided by ss. 627.730–627.7405.
- Motorcycle
- Moped
- Taxicab
- Mobile Home
- Government-owned vehicle used for 5 or more passengers (mass transit) (e.g. Miami-Dade county public bus)
- Farm Tractor or Farm Trailer (subjecting to licensing exception)
- Vehicles used only on private property
- Dune Buggies, Go-Carts, recreational vehicles that are not used on roads
- Golf Carts
- Off-road construction machines (rollers, graders, bulldozers)
- Vehicles on tracts (e.g. railroad)
When You Don’t Need a Threshold Injury in Florida
You don’t have to show that you have one the injuries listed in Florida Statute 627.737(2) – in order to recover money for pain and suffering if, in Florida:
11. A taxi driver’s carelessness causes your injury.
12. A driver of another vehicle caused your injury while you’re a passenger in a taxi, and you’re not entitled to PIP. Check out how to get your medical bills paid after a taxi accident in Florida.
12a. A driver of another vehicle caused your injury while you’re driving a taxi, and you’re not entitled to PIP. Utvich v. Felizola, 742 So. 2d 847 – Fla: Dist. Court of Appeals, 3rd Dist. 1999.
13. A public bus hits you.
14. Someone’s careless causes your injury while you are on a motorcycle. Learn how to get your medical bills paid after a motorcycle crash in Florida.
15. You are a nonresident of Florida who is struck by a car while you are a pedestrian.
16. You are a passenger in a public bus that was struck by a car, truck or other vehicle.
17. You’re driving a city or county bus, and a car or truck hits you. Santiagoherrera v. Stout, 470 So.2d 718(Fla. 5th DCA 1985)
18. You are a driver or passenger of a scooter than was more similar to a motorcycle than a scooter.
19. You’re driving a truck or car and it hits a pothole in a road or parking lot maintained by the county or any business. Tomlinson v. Orange County, Fla., 785 F. 2d 933 – Court of Appeals, 11th Circuit 1986
Example Where You Don’t Need a Permanent Injury
For example, if a taxi ran a red light and struck you, a jury could give you money for pain and suffering even if your entire medical treatment consists of one hospital visit.
In Florida, there is no limit (cap) on the amount of money that you can get for pain and suffering damages in a car accident case. But you have to prove that you have damages that justify getting money for pain and suffering.
Now that you know when you can recover damages for pain and suffering in a Florida vehicular accident case, you may want to know how much your pain and suffering is worth.
Pain and Suffering Compensation if Your Car Wasn’t Insured
If you owned a car in Florida at the time of the crash in Florida, and it wasn’t insured, you can still make a claim for pain and suffering compensation.
This is, of course, subject to the laws mentioned entire article.
Will Uninsured Motorist Insurance Pay for Pain and Suffering From a Car Accident?
If an uninsured motor vehicle caused your injury, then uninsured motorist (“UM”) insurance may pay you compensation for your pain and suffering.
You may be entitled to UM insurance coverage from your own car, or from a family member’s car, or from your employer’s vehicle.
Using an Online Settlement Calculators for Calculating Pain and Suffering 
Don’t Use an Online Settlement Calculator to Calculate Pain and Suffering in a Florida car accident case.
I strongly suggest that you do not value the pain and suffering component of a Florida car accident case based on an online settlement calculator in a Florida.
There are many reasons why settlement calculators may not work for Florida car accident cases. This is true whether you are looking at my Florida car accident injury settlement calculator or one that someone else made.
Online settlement calculates are even less useful in a Florida minor impact smaller injury case because you may need to exceed the tort threshold to have a chance at getting any money for pain and suffering.
Injuries Where You May Have a Pain and Suffering Claim From a Vehicle Accident
Herniated Disc
You may be able to get money if someone’s negligence caused your herniated disc in a Florida truck or car crash. A few of the many cases that I have had where my client claimed a herniated disc (in a Florida car or truck accident) settled for the following amounts: $210,000, $100,000, $100,000, $100,000, $95,000.
Those settlements included money for pain and suffering.
Shoulder Injury (e.g. Rotator Cuff or Labrum Tear, etc.)
You may be able to get money for pain and suffering if a driver’s carelessness caused your shoulder injury in a Florida car or truck accident. We have settled Florida rotator cuff tear and labrum tear car or truck accident cases for $210,000, $147,000, $65,000, $57,000, $10,000.
Those settlements included money for pain and suffering.
Broken Hand or Fractured Wrist
Find out if you can get money for pain and suffering if a Florida car or truck driver’s negligence caused your hand or wrist fracture. I have had Florida car or truck wreck settlements, which included money for pain and suffering for a broken wrist or hands, in the amounts of: $200,000, $135,000, $35,000, $10,000 and more.
Did someone’s carelessness cause your injury in a Florida car crash or other type of accident?
See Our Settlements
Check out some of the many Florida injury cases that we have settled, including but not limited to car accidents, truck accidents, motorcycle accidents, bike accidents, pedestrian accidents, taxi accidents, drunk driving (DUI) accidents and much more.
We want to represent you if you were injured in an accident in Florida, on a cruise ship or boat. If you live in Florida, but were injured in another state we may also be able to represent you.
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Editor’s Note: This post was originally published on March 2013 and has been completely revamped and updated.
I was rearend in Florida i am from Georgia while there on vacation my wreck happened in 2011 case is still open i was out of work 6 months and even was on short term disability i am seeking a good attorney from flordia
Hi Person who is from Georgia,
I’m sorry to hear that you were hurt in a Florida car crash while visiting from another state, Georgia.
Thank you for your comment. I have sent you a private email so that we can discuss any claim privately.
TIME LIMITS ON FILING A LAWSUIT (STATUTES OF LIMITATIONS). There is a time limit to file any lawsuit. These time limits under the law are called statutes of limitations. These time limits are different for different types of claims, and how they are applied may depend on a number of factors. Also, more than one of these time limits may apply to your claim.
If you do not file a complaint on your claim or potential claim within a certain period of time, you will be forever barred or prohibited from filing any complaint ever. You would then be unable ever to make a claim for your injuries or damages. I am not your lawyer. This is not legal advice.
I hired a lawyer that was recommended to me by one of his previous clients. I was told he did a great job, but I am disappointed with his work so far. In October, I was hit by a car while riding my motorcycle. The accident was the other driver’s fault, and she is on her grandparent’s $100,000 insurance policy. i immediately hired a lawyer. I have waited patiently, and an initial offer finally came in for only $7,000. That doesn’t even cover my medical bills! My lawyer says he would like to come up with a counter offer. I am trying to be patient, but I feel I must guard myself. I suffered injuries to my back (a herniated disc that will never completely heal) and an injury in my foot resulting in (possibly permanent) nerve damage. Also, I have suffered 17 weeks of lost wages and my motorcycle was totaled. I have received $1,800 so far for the supposed value of my bike, and I used that to replace the bike as it was indeed my only form of transportation. I expected to hear a settlement number in the range of $50,000-$60,000. If my lawyer and I disagree about the amount of justifiable compensation, is it advisable to switch legal representation 4 months after the accident?
Dear Person Hit by Car While on Motorcycle,
I am sorry that you were hit by a car and have back injuries and a foot injury. My answer assumes that you were injured in Florida, which is where I am licensed to practice. I am not your attorney.
If you fire you attorney, then most likely he will be entitled to a lien (for the time that he spent working) on the case. I don’t know whether you should fire your attorney because I do not know his name and/or reputation. For all I know you have an amazing attorney.
Did the other driver receive a ticket? If so, for what and how did the accident happen (e.g. hit an intersection making left hand turn, rear ended, etc.)? How much are the medical bills that you currently owe? When did you first begin getting medical treatment after the accident.
When evaluating the settlement value of a herniated disc, it is important to consider arguments that the liability insurer may make in an attempt to deny the existence of a herniated disc or minimize the severity and/or cause of the herniated disc.
Have you ever had neck pain and medical treatment on your neck before this incident? If so, how long before the incident?
One thing that I like about cases where someone is injured while on a motorcycle and hit by someone else in Florida is that you do not need to prove that you have a permanent injury in order to have the possibility of getting money for pain and suffering.
What type of foot injury to you have? Is it a tear or do you have any broken bones? Have you had an MRI?
As you can see by my questions, a lot goes into determining whether an offer is reasonable. I need much more information to give an opinion. My initial client questionnaire is 12 or so pages long, because there are so many questions that I want to know to properly evaluate a claim.
There is a time limit to file a lawsuit. Please feel free to ask me any more questions.
Hi,
I was backed into in a parking lot in deltona florida which bent the main frame of my veh in 2011. The case is still open I have had a L4 and L5 endoscopic disectomy surgery and currently I’m still in alot of pain the other party has 100/300 and I have uninsured 100/300. What’s the maximum I have on the table when it has to do with policy limits to sue? Also, in Florida does pain and suffering come from the policy limits? I have an attorney but it seems that he wants to mediate than take it to trial. But I know I have a life time injury and if the policy limits max by both policies is 200k then when they pay everything out basically whats left for me!!! Thats why I want to take it to trial thats why I want to know if the jury awards me for pain and suffering an example of 300k where does the rest of that money come from? Thank you for your time.
Hi Roy,
Thank you for asking a question! I am sorry that you have had to have surgery as a result of this accident. I am not your lawyer. There is a time limit to file a lawsuit.
Your attorney is responsible for discovering all available insurance policies and should know the facts of your case much better than I do. Therefore, your attorney is the best person to ask this question to. There are so many exceptions and nuances when it comes to analyzing insurance coverage and my answer just covers some basics.
Assuming that the other party had 100/300 of bodily injury (BI) liability coverage under his or her 1 and only policy, then generally speaking the most that their insurer under that BI coverage would have to pay you is 100k, absent bad faith. However, there may be other available insurance policies that may provide coverage. Again, you should speak with your lawyer.
If the only underinsured motorist (UIM) coverage that you have on your auto insurance policy is 100/300, I would need to know whether it is stacking or non-stacking, as this can affect the total amount that may be owed from UM coverage. My answer assumes that your policy was a Florida auto insurance policy.
In Florida, any amounts that a car insurance company pays you for pain and suffering generally “comes from” the limits of coverage under the bodily injury liability coverage or UM/UIM coverage in the auto policy.
If a jury awards you an amount above the applicable insurance policy limits, then the insurance companies may have to pay above all available policy limits in certain situations, including but necessarily limited to, if you can show that they acted in bad faith.
You should also see whether there is PIP coverage or Medical Payments coverage available. Since you have a lawyer, he or she should know the answers to your specific matter much better than me so you should ask him these questions and he should give you answers.
You should note that there may be exceptions to what I have said. That is why it is so important to speak with your lawyer. I suggest you speak with him immediately. Good luck.
I was in a wreck in Florida on 9/10/15.
A municipal employee was attempting to turn across my lane as I had right-of-way…. it says in the crash report that he “didn’t remember seeing me” and began to turn… as he began his turn he saw me and stopped halfway into my lane. I immediately braked and swerved, taking evasive action to not have a head-on wreck. I ended up hopping my car onto the sidewalk and crashing into a telephone pole.
They have provided me with a rental at no cost to me and I’m told I must return it 9/28 regardless if I have other transportation or not.
I heard from the other persons insurance today and they deemed my car totaled. The total they want to pay me is 3300$ for my vehicle – nothing for pain & suffering, stress, aggravation, loss of functions etc.
My injuries are diagnosed as whiplash (went to ER day after wreck) and went back on 9/16 and was diagnosed with a bakers cyst behind my left knee caused from ruptured/damaged/torn cartilage (doc said knee apparently hit dash or something similarly hard upon impact). I am still experiencing severe pain and limited range of motion, I’m on crutches and was told to NOT bear any weight on left knee. I have doc appt on 10/2/15 to check my knee…. surgery is a very real possibility.
I had my toddler daughter with me (age 2 years) and she has been especially fearful now riding in a vehicle that slows/brakes too rapidly for her liking. She hasn’t shown any injuries beyond emotional.
The other ins. co. also told me today that my medical is to be paid under my own PIP coverage and they pay any excess… when asked about other compensation it fell on deaf ears like I never even said it.
I’m highly considering hiring a lawyer. This just does not seem right!
Driver hit by municipal driver:
I am sorry to hear that you were hurt in this accident, and that you are very frustrated. Thank you very much for taking the time to reach out to me.
I suggest that you hire an attorney. In claims against a Florida municipality, attorney’s cannot charge more than 25% of the total settlement or judgment amount.
How do you know that you have ruptured/damaged/torn cartilage in your left knee? Have you had a diagnostic study that shows this (e.g. x-ray, CT scan, MRI, ultrasound, etc.)?
The other “insurance company’s” duty is to its insured, not you.
Do you have uninsured motorist (UM) coverage?
Please call us at 888-594-3577 if you are considering hiring me so I can see if I can represent you. I handle and have settled many car accident cases like yours throughout the entire state of Florida.
Disclaimer: There is a time limit to sue. This is not legal advice. I am not your attorney. You should speak with a lawyer immediately.
I was involved in an accident on 9/29/16. I was sitting (stopped) at a traffic light when I noticed the car coming up behind me was not going to get stopped in time.
The damage to my Jeep was right at $2,000 including a rental car. My Jeep has been repaired. I called the insurance company today to inquire how I get reimbursed for lost wages, the Liberty Mutual agent told me I am not entitled to be reimbursed for lost wages.
I am not trying to be greedy but I did lose about 1.5 days wages, not of my own fault. Is there anything that can be done?
Rob:
My response only applies to Florida accidents. I wrote this article on getting lost wages after a Florida car accident.
If the crash happened in Florida, and you received medical treatment as a result of the crash, please call us at 888-594-3577 if you are considering hiring me so that I can see if I can represent you.
Disclaimer: There is a time limit to sue. This is not legal advice. I am not your attorney. You should speak with a lawyer immediately.