The short answer
You can claim pain and suffering from an at-fault driver in Florida only if the crash caused a permanent injury, significant and permanent scarring or disfigurement, significant and permanent loss of an important bodily function, or death.
Source: Florida Statutes § 627.737(2)
Quick check
Where do you stand on the threshold
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The four categories
Any one of them is enough
Loss of an important bodily function
Significant and permanent.
Permanent injury
Within a reasonable degree of medical probability, other than scarring or disfigurement.
Scarring or disfigurement
Significant and permanent.
Death
See the wrongful death guide.
§ Florida Statutes § 627.737(2)
Medical bills as evidence
The 2023 change to medical damages
HB 837 added rules on how medical bills are proved in injury cases filed after March 24, 2023.
Amounts paid, not billed
Evidence of past medical expenses is generally limited to amounts actually paid or owed.
Letters of protection
Treatment on a letter of protection must be disclosed, with itemized billing.
Future care
Evidence of future medical costs is also limited by the statute.
§ Florida Statutes § 768.0427
Common questions
Questions people ask about pain and suffering
Sources
What this page is built on
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Editorial information
Who wrote and checked this page
- Written by: After Crash Florida content team
- Legal review: not performed, general information only
- Last reviewed: November 12, 2026
- Corrections: see the Correction Policy