How Do Pain and Suffering Damages Work in a Personal Injury Case?
- Jason Galdo
- Dec 8, 2025
- 3 min read

After an accident, many victims quickly realize that the physical injuries are only part of what they must deal with. The emotional impact, mental stress, loss of enjoyment of daily life, and long-term discomfort often become just as challenging as the medical recovery itself. These non-economic losses are known as pain and suffering damages, and they play a major role in personal injury cases throughout Florida. At Stockwell Law, attorney Marissa Stockwell helps clients understand how these damages are calculated and fights to ensure that victims receive fair compensation for the full extent of their suffering.
Pain and suffering damages refer to the physical pain, emotional distress, mental anguish, reduced quality of life, and long-term limitations caused by an injury. Unlike medical bills or lost wages, there is no exact dollar amount tied to these losses. Instead, they represent the human impact of the accident — the chronic pain that lingers for months, the inability to enjoy hobbies or family activities, the anxiety that comes from driving again, or the daily challenges caused by a permanent injury. Insurance companies often try to minimize these damages because they can significantly increase the value of a personal injury claim. Without strong legal representation, victims may never receive what their suffering is truly worth.
In Florida, pain and suffering damages are available when an injury meets certain thresholds, especially in vehicle accident cases where victims must show significant or permanent harm. A serious injury such as a herniated disc, traumatic brain injury, broken bone, nerve damage, or long-term mobility problem can qualify a victim for these damages. However, proving the extent of pain and suffering requires detailed documentation. Medical records, imaging results, physical therapy notes, psychological evaluations, and testimony from healthcare providers all help demonstrate the severity of the injury. Stockwell Law works closely with medical professionals to build strong evidence showing how the accident has affected every aspect of the victim’s life.
Courts and insurance companies consider several factors when determining pain and suffering damages, including the intensity of the physical pain, the duration of recovery, whether the injury is permanent, the level of emotional distress, and how the injury affects day-to-day functioning. For example, a victim who can no longer work in their chosen career, participate in sports, lift their children, or sleep comfortably will typically receive higher compensation than someone with a short-term injury. Attorney Marissa Stockwell helps clients identify these life changes and ensures they are clearly communicated and properly valued.
Another important consideration is how insurance companies often attempt to reduce pain and suffering damages by suggesting that the victim’s injury was preexisting or not as serious as claimed. They may also argue that the victim recovered quickly or that their pain is exaggerated. Stockwell Law combats these tactics by presenting strong evidence, expert opinions, and consistent medical documentation that accurately reflects the victim’s condition. This prevents insurers from undervaluing the emotional and physical toll the accident has caused.
Pain and suffering damages are a critical component of a personal injury case because they acknowledge the very real, non-financial impact of an accident. When victims experience long-term pain, emotional distress, anxiety, depression, or changes in their ability to enjoy life, the law provides a path to compensation. Stockwell Law is committed to ensuring that clients are not shortchanged by insurance companies and that their suffering is recognized and fairly compensated. With attorney Marissa Stockwell’s guidance, injury victims in Fort Lauderdale and across South Florida can pursue the full value of their personal injury claims and begin rebuilding their lives with the support they need.
Call Stockwell Law today for a free consultation and get the dedicated representation you need to move forward.




Comments