Breaking Down Personal Injury Damages
Negligence Lawyer in Florida
How Much are You Entitled to Recover for Your Losses? Find Out from an Experienced Personal Injury Lawyer in Florida
When seeking financial compensation after an accident, it is important to seek compensation for all of your accident-related losses. You only get one chance to assert your legal rights in a personal injury lawsuit; and, if you leave money on the table, you could be forced to live with the consequences for months, years or perhaps even the rest of your life. Here is an overview of the types of damages you may be able to recover with the help of a personal injury lawyer in Florida:
Financial (or Economic) Damages
Medical expenses include all current and future costs of diagnosis, testing, treatment, surgical procedures, rehabilitation and therapy for the injuries you sustained in the accident.
In addition to medical expenses, accident victims in Florida are entitled to recover their non-medical expenses as well. This includes everything from gas and ridesharing costs to the cost of hiring someone to perform household chores you are unable to perform on your own.
Loss of Income and Benefits
Lost income and benefits include all forms of compensation that you would have earned had you not been injured. Wages, salary, tips, commissions, retirement contributions, vacation days and other benefits are all eligible for recovery.
Loss of Earning Capacity
If you will be unable to work in the future, you are also entitled to compensation for your lost future earning capacity. The same is true if you will be forced to pursue an alternate, lower-paying job as a result of a disability caused by your injuries.
Recoverable property damage in Florida includes damage to your vehicle (in the case of an auto accident) as well as damage to clothing, electronics and other personal items.
Non-Financial (or Non-Economic) Damages
In addition to treatment costs, accident victims can also recover compensation for the non-financial effects of their emotional trauma.
Pain and Suffering
Pain and suffering damages provide compensation to an injured party in accident cases beyond the easily identified economic damages. Pain and suffering includes short-term and long-term physical suffering as the injured party recovers. It also includes mental and emotional anguish, which can be immediate or long-lasting. Some examples of pain and suffering are anxiety and fear related to the trauma the victim experienced or grief over not being able to perform tasks and duties in the same way as before the accident. Reduced strength and stamina and a loss of independence in activities of daily living also contribute to pain and suffering.
Scarring, Disfigurement and Physical Impairment
Accident victims who experience permanent scarring and disfigurement can recover compensation for the physical and societal effects of the alteration of their appearance and their physical impairment.
Loss of Companionship, Consortium, Services and Support
Loss of consortium and companionship is another remedy available to the families of accident victims. The hurt individuals are not the only ones impacted in the aftermath of an accident. As the victim recovers from their injuries, their family also suffers. During the recovery period or in the case of death, the injured party’s spouse and children can experience additional losses such as: loss of companionship and affection, loss of support in caring for household responsibilities and duties, loss of parenting time and support, and loss of love and intimacy between spouses. While these are difficult damages to quantify, loss of consortium damages will not be forgotten by our Florida personal injury lawyers when pursuing remedies for an accident.
Loss of Enjoyment of Life
Accident victims are also entitled to financial compensation for their loss of enjoyment of life. This is in addition to compensation for the costs of rehabilitation, psychological or psychiatric therapy, and other forms of treatment to aid in victims’ emotional recovery.
A Florida Personal Injury Attorney Can Also Fight for Punitive Damages
Punitive damages are a special type of damages that exceed the actual damages experienced by the victim. Under Florida law, punitive damages are generally limited to three times the amount of compensatory damages, or up to $500,000, whichever is greater, though there are some exceptions. The concept behind punitive damages is to punish past behavior that intentionally or negligently caused the injury and to change future behavior. Punitive damages are designed to discourage wrongdoers from intentionally acting in the same or similar manner that lead to the injury. Punitive damages are also meant to improve actions to reduce negligent behavior that leads to injury.
When the Worst Happens, Your Personal Injury Lawyer Can Also Pursue a Wrongful Death Claim
Accidents sometimes result in the death of a party; turning a personal injury claim into a wrongful death lawsuit. In these instances, Florida has specific instructions to juries to determine damages. These instructions allow a surviving spouse to recover lost wages the deceased spouse would have earned from the date of the injury to the date of the death, allow children to recover financial support lost due to the parent’s death and compensate the surviving spouse for lost companionship, as well as pain and suffering as a result of the spouse’s injury and death.
Speak with a Personal Injury Lawyer in Florida for Free
Have you been seriously injured in an accident in Florida? To find out how much you may be entitled to recover for your financial and non-financial losses, call 855-910-7567 or request a free consultation online today.