What Damages Are Available in Florida Personal Injury Lawsuits?

If you are facing losses as a result of an accident that was someone else’s fault, you may have a personal injury claim. Accident victims and families can file personal injury claims in a wide range of circumstances—including after vehicle collisions, slips and falls, and other common accidents. If you have a personal injury claim, it will be important to make sure you know how much you are entitled to recover. Learn about the damages that are available in Florida personal injury cases from an experienced Miami civil litigation attorney:

Compensatory Damages in Florida Personal Injury Cases

Broadly speaking, the damages that are available in Florida personal injury cases fall into two categories: compensatory and punitive. Compensatory damages are available in all personal injury cases, while punitive damages are only available in limited circumstances (as discussed in greater detail below).

If you have a personal injury claim, the compensatory damages you are entitled to recover depend on your losses resulting from the accident. These losses also broadly fall into two categories:

Financial Damages (“Economic” or “Special” Damages)

Serious accidents can leave victims and their families facing significant out-of-pocket costs. If you have a personal injury claim in Florida, you are entitled to just compensation for all of your present and future costs resulting from the accident. These are your financial damages (also referred to as “economic” or “special” damages). Common financial damages in Florida personal injury cases include:

Medical Bills for Diagnosis, Treatment, and Recovery – Personal injury claimants can seek compensation for their present and future medical expenses. While seeking compensation for medical expenses you have already incurred will involve adding up your (or your loved one’s) medical bills to date, seeking compensation for your future medical expenses will involve working with a specialist (or potentially multiple specialists) to understand the long-term medical impacts of the accident.
Other Medical Expenses – Along with medical bills, personal injury claimants can seek compensation for other medical expenses as well. This includes things like medical supplies, medical devices, pain medications, and other prescription drugs.
Other Out-of-Pocket Costs – If you will be forced to incur other costs as a result of the accident, these are also costs that you can (and should) seek to recover. Common examples include things like home modifications (i.e., installing wheelchair ramps) and transportation expenses.
Loss of Income and Benefits – When accidents leave victims unable to work, victims (or their families) can also seek compensation for their loss of income and benefits. Here, the damage you are entitled to recover will be based on your (or your loved one’s) earnings at the time of the accident.
Loss of Future Earning Capacity – When accident victims are left unable to work in the future, they (or their families) can also seek compensation for their loss of future earning capacity. Similar to calculating future medical expenses, calculating future loss of income requires a clear understanding of the accident’s long-term physical and psychological effects.

The specific amount of financial damages available is determined on a case-by-case basis. If you have a personal injury claim, you will need to work closely with an experienced Miami civil litigation attorney to calculate the total financial losses you are entitled to recover based on your individual circumstances.

Non-Financial Damages (“Non-Economic” or “General” Damages)

Serious accidents can leave victims facing significant non-financial consequences as well. Common non-financial damages (also referred to as “non-economic” or “general” damages) in Florida personal injury cases include:

Pain and Suffering – Accident victims are entitled to compensation for their physical pain and suffering resulting from the accident. This is compensation above and beyond the costs of treating their physical injuries.
Emotional Trauma and Post-Traumatic Stress – Accident victims are also entitled to compensation for their emotional trauma and post-traumatic stress. Here, too, this is compensation above and beyond the costs of any necessary care.
Scarring and Disfigurement – When accident victims suffer permanent scarring or disfigurement as a result of their injuries, this is an additional form of non-financial loss for which financial compensation is generally available.
Loss of Consortium, Services and Support – These non-financial damages are intended to compensate for losing the ability to be intimate with and the ability to provide services and support to one’s spouse or partner.
Loss of Companionship, Society, and Enjoyment of Life – These non-financial damages are intended to compensate for losing the ability to spend time with friends, attend social events, pursue hobbies, and otherwise enjoy life.

Similar to financial damages, calculating non-financial damages in a personal injury case involves conducting a comprehensive assessment of the long-term consequences of the accident. Serious trauma impacts different people differently, and all forms of compensatory damages are intended to compensate accident victims for their specific losses.

Punitive Damages in Florida Personal Injury Cases

While compensatory damages are available in all Florida personal injury cases, filing a claim for punitive damages requires evidence of either “gross negligence” or “intentional misconduct.” With this in mind, some examples of types of cases in which punitive damages may be available include:

Drunk driving (DUI) accidents
Knowingly ignoring serious premises-related injury risks
Road rage accidents
Shootings and other acts of violence
Street racing accidents

When you speak with an experienced Miami civil litigation attorney about your personal injury case, your attorney will be able to assess whether a claim for punitive damages is warranted. Once you have a clear understanding of all of the damages you are entitled to seek in your case, then you can make an informed decision about whether you want to take legal action.

Do You Have a Personal Injury Claim? Find Out from an Experienced Miami Civil Litigation Attorney

If you have questions about filing a personal injury claim in South Florida, we strongly encourage you to contact us. One of our attorneys will be more than happy to assess your legal rights and help you make informed decisions about your next steps. To schedule a free consultation with an experienced Miami civil litigation attorney at Gonzalez Law Offices, P.A., please call 305-676-6677 or contact us online today.