Experiencing an injury due to someone else’s negligence can be incredibly distressing. Beyond the immediate physical pain, there are often financial burdens and the stress of dealing with insurance companies.
Navigating the claims process can be daunting, especially if you’re not familiar with the types of damages you can claim in personal injury cases. Understanding these damages is crucial to ensure you are adequately compensated for both current and future expenses related to your injury.
Calculating the value of an injury or accident claim can be complex, so seeking legal advice from an experienced Fort Lauderdale personal injury lawyer before settling can help you understand your rights and ensure all aspects of your claim are covered because once a settlement is agreed upon, you typically cannot request additional compensation.
In personal injury cases such as auto accidents, motorcycle accidents, bicycle accidents, and others, the term “damages” refers to the compensation sought to address injuries and losses from an accident. The goal is to restore the injured party as closely as possible to their pre-accident state.
Florida recognizes three main types of damages: economic, non-economic, and punitive. Economic damages include quantifiable financial losses such as medical bills, future medical expenses, lost wages, and property damage. These damages aim to cover tangible costs directly resulting from the injury.
Non-economic damages account for intangible losses that affect the victim’s life but aren’t easily measured in monetary terms. This category includes compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive damages differ from the others in that they are not awarded for the victim’s direct losses but to punish the at-fault party for particularly egregious conduct and to deter similar behavior. These are granted only when the defendant’s actions are shown to be intentional or grossly negligent.
The sections to follow will delve into each type of damage in greater detail. Consulting with an experienced personal injury attorney at Schilling & Silvers Personal Injury & Car Accident Lawyers is essential for a comprehensive understanding and personalized guidance on your case.
In personal injury cases, economic, special, and compensatory damages are essential in helping victims recover their financial losses. These damages cover tangible expenses that are easily quantifiable, ensuring that victims are compensated for the financial impact of their injuries. Here’s a closer look at each type of damage.
Economic damages cover the tangible, out-of-pocket costs resulting from an injury. Due to their clear monetary value, these costs are straightforward to calculate.
Lost Earnings
If your injuries caused you to miss work, you are entitled to recover the income lost during your recovery. Whether you missed a few days or several weeks, you can claim reimbursement for these lost wages, but you’ll need to provide clear evidence of the income lost.
Future Lost Earnings
If your injury impacts your ability to work in the future, you may claim compensation for future lost earnings. This could involve taking a lower-paying job, reduced work hours, or even a permanent inability to work. Expert testimony is often required to project these future losses accurately.
Medical Expenses
Medical costs can quickly add up following an injury. These expenses include doctor visits, lab tests, MRIs, surgeries, prescription and over-the-counter medications, and medical equipment. Victims can seek compensation for all necessary and reasonable medical expenses, though non-traditional treatments like acupuncture might be more complicated to claim.
Future Medical Expenses
Injuries often require ongoing medical care, and estimating these future medical expenses can be challenging. Expert witnesses are typically needed to calculate and testify about these projected costs, ensuring that the victim is adequately compensated for long-term medical needs.
Property Damage
While property damage is not a direct personal injury expense, it often arises in cases such as car accidents, truck accidents, motorcycle accidents, and others. Claims can include the cost of repairing or replacing damaged property, towing fees, and car rental expenses.
Injuries often lead to various unexpected expenses, including:
Child Care
Injuries can prevent you from caring for your children, necessitating additional child care. These expenses can be reimbursed.
Housekeeping
If you’re unable to handle household chores due to your injury, hiring help for
housekeeping tasks is a recoverable expense.
Medical Travel Expenses
Traveling for medical treatment can incur accommodation, meals, and transportation costs. These expenses can also be included in your claim.
Compensatory Damages
Compensatory damages are designed to cover both economic and non-economic losses and aim to make the injured party whole again. This includes tangible expenses like medical bills and lost wages and intangible losses such as pain and suffering.
In personal injury cases, non-economic damages compensate victims for intangible losses that cannot be easily quantified. These damages cover the emotional and psychological impact of an injury, which, while not as straightforward to calculate as economic damages, are just as critical for the victim’s recovery.
Non-economic damages in personal injury cases can include:
These damages are subjective and do not have a fixed monetary value, making them more complex to calculate and justify in court
In Florida, non-economic damages are available in auto accident cases only if the injury is permanent. Permanent injuries might include scarring, broken bones, or other lasting impairments. For instance, an accident causing only minor bruising would not qualify for pain and suffering compensation.
Compelling evidence and expert testimony are essential to support claims for non-economic damages, as these factors heavily influence the jury’s or adjuster’s final decision.
In Florida, personal injury claims and damages are calculated by assessing both economic and non-economic losses. Economic damages cover tangible financial losses, such as medical bills, lost wages, and property damage, which are quantified through documentation like bills and wage statements.
Future costs often require expert testimony from medical professionals or vocational specialists to estimate ongoing expenses and reduced earning capacity.
Non-economic damages, on the other hand, cannot be measured with receipts or bills. Juries must determine a fair value based on the evidence presented. Attorneys use different methods to argue for an appropriate amount of compensation:
In Florida, certain types of accident and injury cases may have compensation caps, particularly concerning non-economic damages. These caps are legislatively established limits on the amount a jury can award for intangible losses such as pain and suffering.
For instance, in some medical malpractice cases, there were caps on the amounts doctors and hospitals could be ordered to pay for pain and suffering, typically set at $500,000 or $750,000. However, recent rulings by the Florida Supreme Court have deemed these caps unconstitutional, indicating that the laws surrounding damage caps in Florida are currently unsettled.
Despite the fluctuating legal landscape, it’s important to note that some exceptions may apply even when caps are in place. Cases involving intentional actions or fraud might not be subject to these limits. Given the complexities and the ongoing changes in the law, consulting with a personal injury attorney is crucial.
An experienced attorney can provide up-to-date information and personalized advice based on the specifics of your case, ensuring you understand how potential caps might impact your claim.
Several factors can influence the settlement amount in personal injury claims, making each case unique. Here’s an overview of key elements that might affect your settlement:
1. Insurance Company Tactics
The defendant’s insurance company will closely examine your claim and may attempt to reduce their payout by:
An experienced attorney can help counter these tactics, ensuring you receive fair compensation.
2. Timing
The timing of your claim is crucial. Florida law typically allows filing a claim for two years from the injury date. Delaying action can result in losing your right to recover damages, so it’s important to consult with a lawyer promptly after an accident.
3. Type of Case
The complexity of your case can impact settlement negotiations. Cases involving multiple vehicles or commercial trucks can be more intricate and may take longer to resolve. The specific details of your case will influence how settlement amounts are determined.
4. Insurance Coverage Limits
In Florida, drivers must carry a minimum of $10,000 in personal injury protection and property damage liability. If the at-fault driver has only the minimum coverage, you can only recover up to their policy limit. Consider additional coverage, like uninsured/underinsured motorist protection, to safeguard against insufficient insurance.
5. Defendant’s Assets
If the at-fault party’s insurance doesn’t fully cover your damages, you might seek compensation from their personal assets. For instance, if the at-fault driver’s coverage is $15,000 but your damages are $50,000, you might be able to pursue additional recovery through litigation and asset claims. However, collecting from personal assets has its own set of limitations.
Florida’s comparative fault laws significantly affect the damages you can receive in a personal injury case. Under these laws, the responsibility for an accident or injury is divided among all parties involved based on their level of fault.
Impact on Damages
In Florida, damages are apportioned according to each party’s degree of blame. If you are found to be partially at fault for the accident, your compensation may be reduced proportionally. For example, if you are 30% responsible for the accident, your damages will be reduced by 30%.
Complete Bar to Recovery
Florida law prevents you from recovering any damages if you are determined to be 51% or more at fault. This means that if the court finds you are more than half responsible for your injuries, you will not be eligible for compensation.
Protecting Your Interests
To avoid complications with comparative fault, it’s crucial to manage communications with insurance companies carefully. Let your attorney handle all interactions with insurance adjusters and avoid agreeing to recorded statements or answering detailed questions without legal counsel. This can help prevent admissions or statements that could be used to shift blame onto you.
Understanding how Florida’s comparative fault laws work and working with a skilled lawyer can help you face these complexities effectively and protect your right to fair compensation.
At Schilling & Silvers Personal Injury & Car Accident Lawyers, our experienced team of personal injury lawyers in Fort Lauderdale is dedicated to securing the compensation you deserve. With a deep understanding of Florida’s personal injury laws and a proven track record of successful cases, we are committed to guiding you through every step of your claim.
Whether navigating complex insurance negotiations or advocating for your rights in court, we offer the expertise and support you need. Contact us today for a free case evaluation to discuss your case and find out how we can help you achieve the best possible outcome.
Some of the locations our injury and accident attorney serve include Fort Lauderdale, Hialeah, Pompano Beach, Pembroke Pines, Miramar, Miami Gardens, Plantation, Coral Springs, Hollywood, and more.
Our Personal Injury Law Offices
Fort Lauderdale Office
1700 NW 64th St Suite 460
Fort Lauderdale, FL 33309
(954) 712-8877
Hialeah, FL Office
2300 W 84th St Ste 213
Hialeah, FL 33016
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