Accidents can lead to catastrophic injuries, including fatalities. Understanding what financial compensation may be available in a personal injury claim can be challenging, even for the average person with some familiarity with the law.
Learn more about the types of damages you can claim in a Florida personal injury lawsuit.
Recovering Damages in a Personal Injury Case
Attorneys and insurance companies will look at the circumstances involving the incident and the injuries you sustained to determine how much compensation you could be eligible to receive.
You can expect an insurance company to offer as little as possible, which is why attorneys often get involved in personal injury claims and argue for maximum compensation.
Economic Damages in a Personal Injury Claim
Damages are divided into two categories in personal injury cases: economic and non-economic damages.
Economic damages are objectively measurable financial losses that include the following:
- Medical bills: It’s not unusual for medical expenses to make up the bulk of a personal injury claim, especially in truck accidents where serious injuries may occur. The cost of medical treatment can be substantial, and it could include doctor’s visits, emergency room costs, surgery, physical therapy, in-home care, counseling, medications, medical equipment, and more.
- Lost income: If your injury renders you unable to work, you can be compensated for the time in which you are unable to work. This compensation could include your salary, commissions, bonuses, benefits, and PTO that you use during recovery.
- Future losses: If the injuries you sustain will have a long-lasting impact on your finances, you can potentially claim additional damages here. For example, a long-term or permanent injury could require you to be on permanent disability or work fewer hours.
- Property damage: For any property damaged in an accident, such as your vehicle, its contents, or even your home, if a truck collided with it, you can seek repair or replacement value of those items.
- Miscellaneous expenses: You may also be allowed to seek reimbursement for any other expenses related to your injury, including childcare, housekeeping services, and transportation to and from medical treatments.
Despite the relatively straightforward calculations with economic damages, there can still be a dispute about valuing a personal injury claim, especially when dealing with the issue of future losses.
Non-Economic Damages in Florida Personal Injury Cases
Non-economic damages are more difficult to ascertain, though they are no less important. In fact, your non-economic damages could even outweigh your total economic damages.
A Florida personal injury attorney will evaluate the potential for seeking the following types of non-economic damages:
- Pain and suffering: In addition to having to pay out of pocket or lose out on financial opportunities, you are likely experiencing a variety of emotions that can arguably be compensated. Pain and suffering can encompass a broad range of compensable damages, including disabilities and disfigurement, emotional distress, anxiety, PTS, loss of enjoyment of life, and more.
- Punitive damages: Though rarely awarded, punitive damages may apply when the at-fault party was extremely negligent or acted intentionally to cause your harm. Punitive damages are meant as a punisher or deterrent for future similar behavior.
There is no single specific way to calculate non-economic damages. An insurance company or jury may use a multiplier of your economic damages. Your attorney can also give you guidance in valuing your claim.
Contact an Experienced Florida Personal Injury Accident Attorney
The attorneys at Warner & Fitzmartin Attorneys at Law each have more than a decade of experience in civil litigation, representing victims injured in a variety of situations. We look forward to helping you. Please call us at (561) 803 -0167 to schedule a free consultation.