Skip to Content

When Can an Accident Victim Be Compensated for Pain and Suffering?

February 19, 2021 | Category: Automobile Accidents | Share

Under Florida’s injury laws (F.S. 627.737), victims of accidents may be compensated for economic losses, such as medical bills and lost wages, and non-economic losses, which are additional amounts for “pain and suffering.”

When can an accident victim be compensated for pain and sufferingA Fort Myers accident attorney says that "pain and suffering" is a legal term meant that includes physical and emotional stress. There are rules in Florida that deal with who may be awarded pain and suffering damages in a personal injury case.

Victims who seek pain and suffering damages in accidents must meet the state’s injury threshold. Specifically, in Florida vehicle accidents, a person cannot sue for pain and suffering damages unless the crash resulted in one or more of the following:

  • Significant loss of ability to perform a necessary bodily function
  • Permanent injury or a permanent aggravation of a pre-existing condition
  • Significant and irreversible scarring or disfigurement
  • Death

Pain and suffering compensation may be awarded to a victim for:

  • Mental anguish – A victim may suffer a wide range of psychological effects after being in an accident. These stresses may include the fear and embarrassment of living with daily physical restrictions, anger, anxiety, and depression that may linger, such as post-traumatic stress disorder (PTSD).
  • Physical suffering – A victim may suffer pain throughout the recovery process and discomfort in the future.
  • Other non-economic loss – When accident victims suffer the inconveniences of having part of their lives taken away, disability, loss of a family member, and loss of the enjoyment of life, they suffer non-economic losses.

Fort Myers Accident Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. says, “Victims of accidents are often overwhelmed emotionally and financially after an accident in which the other driver was negligent. They need expert legal assistance to hold the other parties responsible for their actions and compensation to recover their losses. We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation. We have a proven track record of success in handling personal injury cases and have dedicated our practice to advocating on behalf of our clients. There are no costs or fees until we receive a monetary recovery for you, and we are available 24/7.”

Fort Myers Accident Attorney  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to  Visit for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.









Contact Us


Spivey Law Firm Logo Spivey Law Firm 13400 Parker Commons Blvd.
Fort Myers, Florida 33912

(239) 337-7483

Free Consultation