How Does Florida Calculate Pain and Suffering for Truck Accident Claims?
If you were seriously injured in a tractor trailer crash in Florida, you have the right to seek financial compensation for the full extent of your damages, including for your pain and suffering. In Florida, there is no fixed standard for determining the value of pain and suffering damages. It is calculated on a case-by-case basis. Here, our West Palm Beach truck accident attorney provides a detailed overview of how to determine the value of your pain and suffering after a crash in Florida.
Starting Point: No-Fault Truck Accident Law in Florida (PIP Coverage)
To start, injured victims should understand that Florida is a no-fault state for commercial truck accidents. Every driver relies first on Personal Injury Protection coverage. PIP pays a portion of medical bills and lost income regardless of fault. Why does this matter? In this context, one key reason is that PIP coverage does not allow recovery for pain and suffering.
To pursue non-economic damages, you need to have a serious injury that justifies a fault-based claim A truck accident victim must show a qualifying injury under section 627.737 of the Florida Statutes. The threshold requires permanent impairment, significant scarring, or a permanent loss of function. If you have a serious injury, you can pursue compensation for your pain and suffering.
Pain and Suffering: Defined
Pain and suffering fall under Florida’s category of non-economic damages. These damages compensate for the physical discomfort, emotional distress, and loss of enjoyment that follow a serious truck accident. The definition includes chronic pain, limited mobility, permanent functional loss, anxiety, depression, and sleep disruption. Florida courts require evidence that ties these harms to the collision. Medical records, imaging, psychological evaluations, and testimony from treating providers help establish the scope of the injury.
How Pain and Suffering is Calculated in a Florida Accident (Qualitative, Not Quantitative)
Florida does not assign a fixed formula to pain and suffering. The valuation relies on a qualitative assessment of the injury’s impact on the person’s daily life. Courts and insurers examine the severity of the injuries, the length of the recovery period, the presence of permanent impairment, and the degree of physical or psychological limitation. In other words, the value of pain and suffering for a truck accident is always determined on a case-by-case basis in Florida.
Key Point: Do not let a trucking company or their insurance carrier undervalue your pain and suffering damages. A top-rated West Palm Beach truck accident lawyer will help you fight for the full and fair financial compensation for your pain and suffering.
Set Up a Free Case Review With a Top West Palm Beach Truck Crash Attorney
At Pike & Lustig, LLP, our West Palm Beach truck accident attorneys are aggressive, experienced, and committed to fighting for justice. If you have any questions about pain and suffering and truck wrecks, we are here to help. Call us now for a free case review. With an office in West Palm Beach, we help truck accident victims seek pain and suffering compensation across South Florida.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html
