Episode Description
In this episode of It’s No Accident, attorneys Jaeson Homola and Mark Nonni break down one of the most debated topics in personal injury law — pain and suffering, also known as non-economic damages. They explain what these damages really mean, how they’re valued in Florida personal injury cases, and why proving them can be so complex. From understanding the “permanent injury” requirement in car accidents to how juries evaluate emotional and physical loss, Mark and Jaeson offer real-world insight into how justice is measured beyond medical bills and lost wages.
Episode Transcript
[Mark]
All right. One of the things we talk about often—and that’s a major factor in the value of a personal injury case—is what people commonly call pain and suffering damages. But that’s not the only type of non-economic damage there is.
Pain and suffering actually falls under the broader category of non-economic damages, which also includes inconvenience, mental anguish, and loss of enjoyment of life. These are things that are really tough to put a value on, and we get asked all the time, “How much is the pain and suffering component of my case worth?”
There are a lot of misconceptions—some people think these damages are automatically worth millions. While that can be true in certain cases, especially if punitive damages are involved, it really depends.
So, can you talk a little bit about what pain and suffering, or non-economic damages, are and how they fit into a personal injury case?
[Jaeson]
Sure. Like you said, it’s one of the main questions we get from clients and also one of the hardest to answer. There’s no magic formula that tells you exactly what pain and suffering is worth in a case.
For economic damages—things like medical bills, lost wages, and out-of-pocket expenses—it’s easy to add up the numbers. But for non-economic damages, it’s not that simple.
Pain and suffering compensates for everything you’ve had to endure: the pain of your injuries, the inconvenience of daily life, not being able to do things you used to enjoy, and having to rely on others for help. It’s meant to account for how your life has changed.
When it comes to evaluating it, there are two main contexts: settlement negotiations and presenting it at trial. In settlements, we often rely on research into past jury verdicts and case outcomes to get an idea of what similar injuries in similar jurisdictions have been valued at.
It’s kind of like figuring out what your house is worth—you look at comparable “sales,” or in this case, comparable verdicts and settlements. That gives us a fair range to work with.
[Mark]
Pain and suffering is often one of the most contentious areas of a case, especially when liability has already been admitted, like in a rear-end collision.
Once liability and medical bills are settled, the main debate becomes how much the non-economic damages are worth. Insurance companies often use the old “three times the medical bills” rule of thumb, but that’s oversimplified and usually not fair.
Every case is different. The goal of non-economic damages is to make the person whole—to give back, as best as possible, what’s been taken from them. You can’t undo the harm or the pain, but the justice system provides monetary compensation as the only real way to make things easier.
Money can’t buy happiness, but it can restore stability and comfort after a life-changing injury.
[Jaeson]
Exactly. And money for pain and suffering is really the only logical way our system can compensate someone for these kinds of losses. You can’t turn back time or undo what happened.
The money also serves as an acknowledgment of the wrong that was done. Still, some jurors have strong biases against pain and suffering claims. They might think, “You can’t put a price on pain,” or view it as “jackpot justice.”
That’s why it’s so important to explain that this isn’t about hitting the lottery—it’s about justice, accountability, and fairness.
[Mark]
Most of the evidence for pain and suffering comes from our clients and their “before and after” witnesses—friends, family, or coworkers who knew them before and after the injury.
Ideally, they share stories—specific examples of what the person could do before the accident that they can’t do now. Maybe they can’t play with their kids, sleep through the night, or enjoy hobbies anymore. These stories help the jury understand the real human impact.
Some clients are great at explaining this themselves, but others—especially many of our male clients—need more help opening up about how the injury has affected them. That’s where before-and-after witnesses are crucial. They often notice things the injured person doesn’t even realize.
[Jaeson]
And interestingly, some of the best witnesses aren’t family members—they’re coworkers, church members, or even ex-spouses, people who can give unbiased, credible testimony.
In one case, an ex-husband testified powerfully about how his former wife’s injury changed her life, and the jury found that compelling.
In another case, we used a grief expert for a client who lost his vision. The expert specialized in adults who became blind later in life and explained the long-term psychological impact. It was incredibly powerful testimony that helped the jury truly understand what our client was going through.
That’s really the key—helping jurors grasp experiences they may never have had. You can’t ask them to “put themselves in the plaintiff’s shoes,” but that’s essentially what you’re trying to achieve.
[Mark]
At trial, we ultimately have to suggest a number—a dollar amount for pain and suffering—which is tricky since there’s no formula. We can’t just pull a number out of thin air.
One way we explain it is by comparing it to work or time value. For example, if someone offered to pay you $20 an hour to live with chronic back pain, poor sleep, and limited mobility every day for the rest of your life, would you take that job? Most people wouldn’t.
But if you were forced to, what would that be worth? You can then extrapolate that over a lifetime to arrive at a number.
[Jaeson]
We also remind juries that we put a price on inconvenience all the time. Think about airline vouchers—when a flight is oversold, the airline keeps raising the voucher amount until someone decides the inconvenience is “worth it.”
We value our time and comfort every day; pain and suffering is just another, far more serious version of that.
It’s never an easy topic. Pain and suffering is one of the hardest things to prove, value, and explain—especially with jurors who may never have experienced serious pain themselves. But it’s a vital part of achieving justice for people whose lives have been changed by someone else’s negligence.
[Mark]
Finally, in Florida, there’s another important wrinkle: you can’t recover pain and suffering damages from a car accident unless you have a permanent injury.
Florida’s no-fault law requires proof of a permanent injury, permanent scarring, or disfigurement. Without that, you can still recover medical bills and lost wages, but no compensation for pain and suffering.
That’s often one of the biggest disputes in Florida car accident cases—proving that the injury is permanent. It’s especially contentious in soft-tissue or herniated disc cases, where the defense argues there’s no lasting damage.
At the end of the day, pain and suffering damages are complex, deeply personal, and often misunderstood—but they’re essential to ensuring that injured people are treated fairly and fully compensated for what they’ve lost.
Jaeson continued his studies at Florida State University College of Law, graduating with a Juris Doctorate in 2011. Throughout his law school career, Jaeson regularly volunteered his time at Florida Legal Services, where he assisted with several projects aimed at advancing the rights of low-income families in Florida. Jaeson has recovered millions of dollars from individuals for his clients. For his efforts, Jaeson was inducted in 2016 into the Multi-Million Dollar Advocates Forum. At the time of his induction, he was one of the youngest attorneys in the State of Florida to be inducted.
Loading...