How is pain and suffering determined?Return to FAQ Videos
Pain and suffering is determined by a jury. There is no precise formula for deciding how a victim is compensated for pain and suffering – whether it be physical injury or the mental anguish that goes along with losing a loved one. That is solely within the province of a jury. You can always guestimate or look at what other similar cases have had in terms of jury verdicts, but even with that, there is no precise formula. It’s a matter that is entirely left up to the jury in the state of Florida.