Compensation Beyond Medical Bills: Lost Wages, Pain and Suffering in Florida Cases

When a person suffers from an injury due to an accident or another’s negligence, medical bills often come to mind as the most immediate expense. However, the losses from an accident usually reach far beyond hospital bills and doctor visits. In Florida, the law recognizes that injury victims may endure other forms of suffering that can greatly affect their lives, such as lost wages and pain and suffering. When pursuing a claim, these factors may be included to seek a fair amount of compensation that reflects the true impact of an accident on a person’s life. It is essential to understand these parts of a claim, as they help provide a more complete recovery for those who have suffered injuries. At, Serrano Law , we are here to guide you through the legal process and help you navigate the complexities of your case.

Understanding Lost Wages in Florida Injury Cases

Injuries from accidents often force people to take time off work, which can lead to lost wages and financial stress. Lost wages refer to the income that a person would have earned if they had not been injured. This may involve time missed while the person was in the hospital, recovering at home, attending medical appointments, or dealing with therapy sessions. For those who live paycheck to paycheck, this sudden loss of income can be deeply unsettling, creating worry and hardship in an already difficult time.

Florida law allows injured individuals to seek compensation for their lost wages when filing a claim. Calculating lost wages involves looking at the victim’s regular earnings, such as hourly pay or salary, and determining how much income was lost due to the injury. If the person has a stable job with regular hours, the calculation is often straightforward. However, when the individual is self-employed, works variable hours, or earns income through tips and bonuses, calculating lost wages may require additional proof and detailed records to determine the actual earnings lost.

Loss of Earning Capacity in Florida

Beyond lost wages, injury victims may also face a loss of earning capacity, which means that they can no longer earn as much money as they did before the accident. Loss of earning capacity considers the long-term effect of the injury on a person’s ability to work. If an injury has permanent effects that make it difficult or impossible for someone to return to their previous job, this can impact future earnings. For example, if a construction worker suffers a severe back injury that prevents them from lifting heavy objects, they may be unable to return to their previous job, resulting in lower-paying work or limited hours in the future.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

To seek compensation for a loss of earning capacity, an injured person needs to provide proof that the injury has affected their ability to earn as they once did. This proof may involve records from medical professionals, evidence of job duties before and after the accident, and statements from vocational specialists who can assess the impact on future work opportunities. Calculating the value of lost earning capacity can be complex, but it is an essential part of ensuring that the injured person receives enough compensation to reflect the real impact of the injury on their career and financial future.

Understanding Pain and Suffering in Florida Injury Cases

Pain and suffering cover the physical and emotional challenges that someone experiences after an injury. This can include the actual pain from the injury itself, ongoing discomfort, and any physical limitations that the person faces. For example, someone with a broken leg may feel both the physical pain of the injury and frustration from not being able to walk or exercise as they once did. Pain and suffering also consider emotional effects like depression, anxiety, or trauma that come from dealing with an injury and its impacts on daily life.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Unlike medical bills, which have clear amounts and records, pain and suffering are more difficult to measure. Florida law allows injury victims to seek compensation for pain and suffering by considering the severity of the injury, the length of recovery, and how the injury affects everyday activities. Courts may use a “multiplier method” to determine a fair amount, where the total of the actual damages, like medical bills, is multiplied by a number that reflects the level of pain and suffering. Alternatively, the “per diem” method sets a daily rate for pain and suffering based on the length of time it impacts the person’s life. These methods help determine a fair sum that reflects the real-life impact of pain and suffering.

Emotional Distress as Part of Pain and Suffering

Emotional distress is a key part of pain and suffering, as injuries often impact not only a person’s physical health but also their mental well-being. Emotional distress can involve a range of emotions, from fear and anxiety to sadness and anger, which can arise after an accident. For instance, someone who survives a car accident may experience anxiety when riding in cars afterward, making daily routines more challenging and unsettling. In some cases, injury victims may suffer from conditions like post-traumatic stress disorder (PTSD), which can require therapy and long-term treatment.

The court may consider emotional distress as part of the compensation for pain and suffering, especially if the distress significantly affects the victim’s life. Documenting emotional distress can involve therapy records, statements from mental health professionals, and personal accounts of how the injury has changed the person’s emotional state. Compensation for emotional distress seeks to address the mental toll that injuries take, as these effects often continue even after physical wounds have healed.

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Loss of Enjoyment of Life in Florida Injury Cases

Another aspect of pain and suffering is the loss of enjoyment of life, which covers activities or hobbies that the person can no longer participate in because of their injuries. This type of damage addresses how the injury impacts the person’s quality of life. If someone loved running, dancing, or playing sports before an accident but is now physically unable to do so, they may feel as though a vital part of their life has been taken away. Similarly, injuries may prevent people from engaging in daily activities with family and friends, making them feel isolated or disconnected.

In Florida, loss of enjoyment of life can be a part of the compensation awarded for pain and suffering, as it highlights how the injury has affected the person beyond physical symptoms. Evidence for this type of compensation may include statements from family members, personal journals, or testimony from those who have seen how the injury has limited the victim’s ability to enjoy life. Including this aspect in a claim helps create a fuller picture of the impact on the individual, recognizing that physical harm affects far more than just the body.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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The Role of Evidence in Seeking Compensation for Pain and Suffering

Proving pain and suffering can be challenging, as these are deeply personal experiences that do not have set numbers or clear records. Florida courts require strong evidence to support claims for pain and suffering. This may involve medical records, personal statements, and evaluations that illustrate the injury’s effect on the person’s life. Keeping a pain journal or diary can also be helpful, as it records daily experiences and allows the person to describe the pain and emotional impact in their own words.

In some cases, friends or family members can provide statements that describe how the person’s behavior or personality has changed since the accident. The goal is to present a clear picture of the suffering experienced, so the court can fairly determine the amount of compensation that reflects these unseen but very real losses.

Comparative Negligence in Florida Injury Cases

Florida follows a comparative negligence rule, which means that if the injured person is found partially responsible for the accident, their compensation may be reduced. For example, if someone is found to be 20% at fault in a car accident case, their total compensation will be reduced by 20%. This rule affects all parts of compensation, including lost wages and pain and suffering. Understanding this rule is important for injury victims, as it impacts the overall amount they may receive, depending on the details of the case.

In comparative negligence cases, it is important to work with a legal professional who can help gather evidence to reduce the amount of fault assigned to the injured person. This includes collecting witness statements, reviewing accident reports, and building a strong case that shows the injury victim deserves compensation. The goal is to ensure a fair result where the person can receive compensation that truly addresses the impact of the injury on their life.

Seeking Legal Help for Comprehensive Compensation

In Florida, claiming compensation for an injury involves more than just covering medical bills. Lost wages, pain and suffering, and other losses are crucial parts of a claim that help individuals recover fully from the impact of an injury. Navigating these claims can be challenging, especially with complex rules like comparative negligence. Seeking the help of a skilled law firm ensures that all parts of a claim are considered, so the injured person receives the full amount they deserve.

If you or a loved one is facing the financial and emotional toll of an injury, Serrano Law is here to help you through every step. Our firm understands how important it is to seek full compensation that addresses every loss, allowing you to rebuild and find peace after an accident. Contact Serrano Law to discuss your case and explore the options for moving forward toward a complete recovery.