As Plaintiff’s lawyers, the team at TK Law has a strong understanding of the potential value in an injury case. In Orlando and across Central Florida, we focus on helping persons negligently injured.
One of the most important questions we are asked by our clients is, what money damages am I entitled to after a car accident?
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Money Damages You May Be Awarded in a Florida Car Accident Case
In personal injury law, the term “damages” means the estimated amount of money awarded to reimburse a person for injuries suffered due to someone’s negligent actions.
Awarded damages may include compensatory damages and punitive damages.
The purpose of compensatory damages is to “make someone whole”—restore a person to the position he or she was in before the accident. Car accident victims may recover two forms of compensatory damages as part of the overall damage claim:
- Economic damages (aka “special” damages)
- Non-economic damages (aka “general” damages.)
Economic Damages: replacing what the car accident has cost you monetarily.
Economic damages reimburse injured plaintiffs for money they have lost or will lose in the future as a result of the accident. The dollar amounts are mostly well-defined and can usually be calculated or forecast from records or documentation. All costs and expenses must be quantified and proven.
Economic damages can include:
- Medical bills
- Lost earnings
- Vehicle repair
- Medical devices or equipment
- Costs for household services one can no longer perform
- Transportation costs for doctor’s appointment or therapy
- Compensation for future economic losses, such as loss of earning capacity, future surgeries, or long-term care or medical treatment
Non-Economic Damages: compensating for intangible losses—both physical and mental.
Non-economic damages generally refer to the physical and emotional distress resulting from the accident that affects a person’s very quality of life. These are known generally as “pain, suffering, mental anguish and inconvenience.”
Noneconomic damages in Florida car accidents are explained in part in Fla Statute 627.737 which states that a plaintiff’s injuries must consist to some degree of:
- Significant and permanent loss of an important bodily function;
- Permanent injury within a justifiable degree of medical probability, other than scarring or disfigurement;
- Permanent scarring or disfigurement;
Non-economic damages are about compensating someone for the loss of the joys of life, dignity and love—realities that are very separate from a person’s earnings and financial obligations.
To no longer be able to wake up without pain, take a walk, care for a child, enjoy a spouse, perform a job, go on vacation, and contribute to society each and every day – these are sufferings which seriously injured individuals often endure that are difficult to quantify.
Considerations that may fall under the non-economic portion of money damages include
- Physical pain
- Mental anguish (fear, humiliation, anger, depression, embarrassment)
- Disability
- Disfigurement
- Loss of enjoyment of life
- Inconvenience
- Loss of consortium (Compensation for the non-injured spouse for the loss of affection, sexual intimacy, support, comfort and companionship. These claims are not ruled by Florida Statute but are common law rights.)
Non-economic money damages play a tremendous role in the valuation of an injury case. Because non-economic losses are subjective, they are often not easily proved and therefore must be considered in a very different manner from economic damages.
Each form of compensation is vital to an injured person, and together they help establish the value of the case. The burden of proof is on the plaintiff. The injury victim must be able to show that his or her injuries meet the above criteria.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Punitive Damages: Money damages awarded to the plaintiff to punish the defendant.
Apart from compensatory damages is another form of money award called “punitive” damages. Some personal injury cases may involve situations in which the defendant’s conduct was so deplorable or malicious that punitive damages are awarded to the plaintiff. The defendant’s egregious conduct must be directly related to the plaintiff’s injuries.
The goal of punitive damages is to punish the wrongdoer and deter others from engaging in similar actions. Punitive damages in a personal injury case occur on rare occasions.
Do you have questions about money damages in your injury case?
The attorneys at TK Law know that successful results begin with in-depth preparation. We work to help our clients recover a fair settlement as quickly as possible, meanwhile we prepare each case as though it will go to trial.
We are ready and able to deal with insurance companies that, in their desire to pay out as little as possible, will resort to various tactics to devalue and downplay a claim. As your attorneys, we will take every measure to ensure you recover the maximum money damages you are entitled to.
Contact us as soon as possible to discuss your case with experienced Florida attorneys. We provide contingency representation, so you pay no fees or costs unless we win your case.