In Florida, in order to recover restitution for pain and suffering after a car accident, there’s a much larger hurdle that you have to overcome than say if you were injured in a trip and fall or some other accident like a premise liability type, slip and fall or trip and fall accident. When you have a premise liability case, you do not have to show that you’ve got a permanent injury in order to recover money or restitution for pain and suffering. If you hurt for six months and you got better, you’re still entitled to pain and suffering for the six months after trip and fall.
But in Florida, in a car accident, in order to get that same compensation or restitution for pain and suffering, you have to show that you suffered a permanent injury. The law does not define what a permanent injury is, and that’s often what the whole trial is about. The issue at trial often times is, does the plaintiff or does the injured person have a permanent injury? If you’re involved in a car accident in Florida and you have six months of pain and suffering but you don’t have a permanent injury, you’re entitled to zero money for pain and suffering.