Can I sue the at-fault driver for pain and suffering in Florida?

Sometimes. Because Florida is a no-fault state, you can only recover non-economic damages like pain and suffering from the at-fault driver if your injury meets a legal “threshold.” In general, that means a significant and permanent loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. Economic losses beyond what PIP covers may be recoverable even without meeting the threshold. Whether your injury qualifies usually depends on medical records and physician opinions, so documentation matters.