Pain & Suffering Damages in Florida
In Florida, pain and suffering damages are classified as non-economic damages — compensation for physical pain, emotional distress, and diminished quality of life. Florida places no statutory cap on non-economic damages for general personal injury cases.
Florida changed from pure to modified comparative fault in March 2023 (HB 837). You are now barred from recovery if found 51% or more at fault — previously you could recover at any fault percentage. If you are found more than 50% at fault, you will not be able to recover any damages under Florida law.
You have 2 years from the date of your injury to file a personal injury lawsuit in Florida. Florida reduced its statute of limitations from 4 years to 2 years for negligence claims effective March 2023 (HB 837). Claims arising before March 24, 2023 may still have 4 years. Missing this deadline permanently bars your claim.