Under Florida law, there are two types of money damages that an injured person may seek from the at fault parties, their insurance companies, or the uninsured/underinsured motorist carrier. The two types of money damages are "economic," sometimes called "tangible" damages and "noneconomic," sometimes called "intangible" damages.
"Economic" or "tangible" damages include the injured person's past medical expenses, future medical expenses, past lost wages, and future loss of earning capacity caused by the motor vehicle accident.
"Noneconomic" or "intangible" damages include damages for a person's pain and suffering, disability or physical impairment, scarring or 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 these noneconomic damages. If your case goes to trial, the jury is instructed to award an amount that is fair and just in light of the evidence.
Under Florida law, a person may recover these "noneconomic" or "pain and suffering" type of damages, only if he or she has suffered a permanent injury caused by the motor vehicle accident. The person must have an expert opinion from a medical doctor, such as a neurologist, orthopedic surgeon, neurosurgeon, pyschiatrist, and/or chiropractic physician, stating that the injured person has suffered a permanent injury within a reasonable degree of medical probability under Florida law.
If the person has suffered a permanent injury, then he or she may recover the "noneconomic" damages.