If someone’s negligence caused your injury, you may be entitled to compensation for future physical pain and suffering.
You may also be able to get paid for many other types of damages, including but not limited to past pain and suffering. Here, the focus is on future physical pain and suffering in Florida personal injury cases.
If you are the only one at fault in an accident, can you get paid for future physical pain and suffering?
No. Someone’s negligence must have caused your pain and suffering.
Is there a standard that is used to measure damages for future physical pain and suffering?
No. The only standard by which to measure future pain and suffering is the conscience of the jurors.
Some guesswork goes into most personal injury lawsuits. The only yardstick by which you can measure future physical pain and suffering is the jury using its common sense to determine the damage award based upon the evidence of each case.
Each case is very different. Over 87 factors may affect a personal injury case.
If a jury awards you future medical expenses, are you entitled to future physical pain and suffering damages?
If there is undisputed testimony that your injury is a permanent injury caused by the incident and the jury awards future medical expenses, you are entitled to future physical pain and suffering damages. Parrish v. City of Orlando, 53 So.3d 1199 (Fla. 5th DCA 2011).
When Can’t You Get Money for Future Physical Pain and Suffering?
When there is substantial competent evidence from which jury could have concluded that despite the injured person having sustained permanent injury he or she has not proved that she would incur future losses for which damages should be awarded. Berg v. Sturgeon, 718 So.2d 887 (Fla. 4th DCA 1998).
Can You Recover Damages for Future Physical Pain and Suffering in a Florida Motor Vehicle accident?
Maybe. In many Florida auto accidents, the injured person must have a permanent injury in order to get damages for future physical pain and suffering. Fla. Stat. § 627.737(2)(b).
Florida auto laws are tricky. They don’t have much rhyme or reason.
Learn about whether you can get compensation if someone’s carelessness caused your pain and suffering from a Florida auto accident.
Is it usually tougher to get money for future pain and suffering than past pain and suffering?
All things equal, yes. This is because your past pain and suffering has already occurred, whereas you may not have future pain and suffering.
The doctor who is hired by the responsible party’s insurance company usually says that your injury is less bad than your doctor’s opinion.
This tends to reduce future pain and suffering awards.
Trial Court Must Explain Why $800,000 Future Pain and Suffering Award Needs to Be Reduced to $200,000
A jury awarded a man $800,00 for future pain and suffering. He was also awarded other damages.
He claimed that a car accident caused his herniated disc and microdiscectomy surgery. The trial court reduced the future pain and suffering award to $200,000.
The appeals court ordered the trial court to explain why the future pain and suffering award must be reduced. When I hear the final outcome of this case, I will update this article.
This case isn’t mine.
How do Insurance Companies Value Future Pain and Suffering in Florida Accident Cases?
See how insurance companies calculate pain and suffering amounts in Florida.
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