Florida Pain & Suffering Calculator

Florida's malpractice damage caps were struck down as unconstitutional, and no cap applies to ordinary injuries either. Since 2023, a 51% fault bar applies to most claims — except medical malpractice, which Florida specifically exempted and kept under pure comparative negligence.

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Estimate your pain & suffering

Enter your economic damages, pick severity, and your share of fault, if any.

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Estimated pain & suffering
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No cap, but a fault rule that now depends on the claim type

Florida's malpractice noneconomic damages caps were struck down as unconstitutional by the Florida Supreme Court — Estate of McCall v. United States (2014) for wrongful death, and North Broward Hospital District v. Kalitan (2017) for personal injury. No cap applies to ordinary injury claims either.

Fault works differently depending on the claim. House Bill 837, effective March 24, 2023, moved most negligence claims to modified comparative negligence: fault above 50% bars recovery entirely. Medical malpractice under Chapter 766 was specifically exempted and remains pure comparative negligence, where any degree of fault only reduces your recovery, never bars it.

Injured in Florida?

A local personal injury attorney can review your claim — many offer a free consultation.

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This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Florida statutes and case law. Confirm how these rules apply to your specific case with a licensed Florida attorney.