Personal Injury Damages in Florida: What the Jury May Award

If a jury finds someone responsible for your injury, the next question is: how much? Florida's 501 series of jury instructions answers what the jury may count.

What the jury is told

Instruction 501.1(b) sets the goal:

"you should determine and write on the verdict form, in dollars, the total amount of [loss] [injury] [or] [damage] which the greater weight of the evidence shows will fairly and adequately compensate [him] [her] for [his] [her] [loss] [injury] [or] [damage], including any damages that (claimant) is reasonably certain to incur or experience in the future." Fla. Std. Jury Instr. (Civ.) 501.1(b).

The target is fair and adequate compensation. It includes the future, if the future harm is reasonably certain.

The elements, in plain English (501.2)

Pain and suffering. Instruction 501.2(a):

"Any bodily injury sustained by (name) and any resulting pain and suffering [disability or physical impairment] [disfigurement] [mental anguish] [inconvenience] [or] [loss of capacity for the enjoyment of life] experienced in the past [or to be experienced in the future]. There is no exact standard for measuring such damage. The amount should be fair and just in the light of the evidence." Fla. Std. Jury Instr. (Civ.) 501.2(a).

Medical expenses. Instruction 501.2(b):

"The reasonable [value] [or] [expense] of [hospitalization and] medical [and nursing] care and treatment necessarily or reasonably obtained by (claimant) in the past [or to be so obtained in the future]." Fla. Std. Jury Instr. (Civ.) 501.2(b).

Lost income. Instruction 501.2(c) covers earnings and "any loss of ability to earn money" in the past and the future.

A spouse's loss. Instruction 501.2(d) allows a spouse to recover for the loss of "services, comfort, society and attentions."

Parents may recover certain losses tied to an injured child (501.2(e)). When an injury is significant and causes permanent total disability, parents of an injured child, and an unmarried dependent child of an injured parent, may also claim the loss of companionship (501.2(f)-(g)).

Other points the jury hears

A condition that was already there. Instruction 501.5(a):

"However, if you cannot make that determination, or if it cannot be said that the condition would have existed apart from the injury, then you should award damages for the entire condition suffered by (claimant)." Fla. Std. Jury Instr. (Civ.) 501.5(a).

Car crash cases and the "permanency" question. Many auto cases involve Florida's no-fault threshold. In those cases, to recover for pain and suffering, the jury must find the injury is permanent. The instruction says an injury is permanent if it, in whole or in part, consists of one of these:

"a significant and permanent loss of an important bodily function; ... a significant and permanent scarring or disfigurement; ... an injury that the evidence shows is permanent to a reasonable degree of medical probability." Fla. Std. Jury Instr. (Civ.) 501.3; see also 501.35 (same language, for cases under the 2023 law).

Fault. The jury does not reduce the money for anyone's fault. The judge does that afterward (501.4). See our comparative fault page.

How the claim is pleaded

The complaint states the injury and the damages in general terms. The complaint must also state the grounds for the court's jurisdiction. Proof comes later: medical records, bills, doctors' testimony, pay records, and your own story.

What you need to prove

• Responsibility, as covered on our negligence page.
• The injury, and that the incident caused it.
• Each category of loss, and what is reasonable.
• For future losses: that they are reasonably certain.
• In many car cases: permanency.

Common defense arguments

• The treatment was not necessary, or the bills were too high.
• A gap in treatment means you got better.
• A prior injury or degeneration, not the crash, caused the pain.
• Property damage was low, so the injury must be minor.
• Social media posts show activity.
• Florida's 2023 law limits how past and future medical expenses are shown to the jury, which the defense will raise.

What to do now

1. Follow your treatment plan. Keep every appointment.
2. Keep every bill and statement.
3. Keep a short daily log of pain and what you could not do.
4. Track missed work, lost hours, and pay.
5. Do not post about activities online.
6. Do not accept a quick settlement before you know your future needs.

Talk to us

Free consultation. Call (305) 209-0384. Answered 24/7. Se habla español.

This page is general information, not legal advice.