The term pain and suffering is a term uniquely used in Florida. It’s provided in the jury instructions to the jury.

The insurance industry has seized upon “pain and suffering” to make it appear that a person with a very minor, insignificant injury is requesting compensation.

What it really means is your mental anguish. The devastation to the human spirit — the impossibility of the person to go on with the lifestyle they had before. These are intangible damages.

The jury makes the determination as to the effect on a person’s life for the damage that’s been caused to them by medical malpractice, under intangible damages.