When someone is involved in a personal injury accident in Florida, the experience can be overwhelming. Injuries from accidents like car crashes, slip and falls, or medical errors often result in not just physical pain but also financial and emotional struggles. The goal of a personal injury lawsuit is to help the person who was hurt recover compensation for their losses. In Florida, there are several types of damages that a person can seek after being injured due to someone else’s carelessness. The court may order the person or company responsible for the accident to pay the injured person for the harm they have caused. At, Serrano Law, we are here to guide you through the legal process and help you navigate the complexities of your case.
Florida’s personal injury laws allow the injured person to recover compensation, often referred to as damages. These damages are typically broken down into two main categories: economic damages and non-economic damages. Understanding the difference between these two kinds of damages is essential because it helps to see how the compensation is calculated. Each of these categories covers different types of losses, and the court takes into account various factors when deciding how much the injured person should receive.
Economic Damages in Florida Personal Injury Lawsuits
Economic damages are the financial losses that an injured person suffers because of the accident. These damages are easier to calculate because they are based on actual bills and receipts. For example, if someone is involved in a car accident and needs medical treatment, the medical bills that they accumulate are considered economic damages. These damages are awarded to cover hospital bills, doctor visits, surgeries, prescription medications, and rehabilitation services. The person who is injured may also be able to recover compensation for future medical expenses if they will need ongoing care.
In addition to medical costs, economic damages also cover lost wages. When someone is injured, they may be unable to work for a period of time, and in some cases, they may not be able to return to their job at all. The court can award damages to cover the wages that the person lost while they were recovering. If the injury is severe and the person is no longer able to work in the same capacity, they may also be awarded compensation for the future wages they will lose as a result of their injury.
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Another type of economic damage is property damage. If the person’s property was damaged in the accident, they may be compensated for the repair or replacement costs. For example, in a car accident, the damaged vehicle would be considered property, and the person could be awarded damages to cover the cost of repairing or replacing the vehicle.
Non-Economic Damages in Florida Personal Injury Lawsuits
Non-economic damages are harder to measure because they deal with the non-financial aspects of the injury. These damages are meant to compensate the injured person for the pain and suffering that the injury has caused. Pain and suffering refer to the physical pain and emotional distress that someone experiences after an accident. This can include feelings of anxiety, depression, and the overall decrease in the quality of life that the injury has caused. In Florida, non-economic damages are often harder to calculate because they do not have a set dollar amount like medical bills or lost wages.
Emotional distress is another form of non-economic damage that can be awarded. After a serious accident, many people suffer from emotional trauma. They may experience fear, anxiety, or even post-traumatic stress disorder (PTSD) as a result of the accident. Emotional distress damages are intended to help the injured person cope with the mental and emotional toll that the accident has taken on them.
Non-economic damages can also include loss of enjoyment of life. This refers to the impact that the injury has on a person’s ability to enjoy daily activities and hobbies. For example, if someone was an avid runner before an accident and can no longer participate in their favorite activities because of their injuries, they may be awarded damages for the loss of enjoyment of life. These damages aim to make up for the changes that the person has experienced in their day-to-day life.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.” - Mary Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!" - Kylie Collier Border I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help." - Sandy Carter
Punitive Damages in Florida Personal Injury Lawsuits
In certain cases, the court may also award punitive damages. Punitive damages are different from economic and non-economic damages because they are not meant to compensate the injured person for their losses. Instead, punitive damages are intended to punish the person or company responsible for the injury and to deter them from engaging in similar behavior in the future. In Florida, punitive damages are only awarded in cases where the defendant’s actions were especially reckless or intentional. This means that the person or company must have shown a complete disregard for the safety of others, and their actions must have been particularly harmful.
Punitive damages are not awarded in every personal injury case, and they are typically only given when the court feels that the defendant’s behavior was so egregious that it warrants extra punishment. For example, if a driver was drunk and caused a car accident, the court may award punitive damages in addition to the regular damages that the injured person receives. The purpose of punitive damages is to send a strong message that this kind of behavior is unacceptable and will not be tolerated in Florida.
Factors That Affect the Amount of Damages Awarded in Florida
There are several factors that can influence the amount of damages that are awarded in a Florida personal injury case. One important factor is the severity of the injury. The more severe the injury, the more likely it is that the court will award a larger amount of damages. For example, a person who suffers a broken bone may receive less compensation than someone who is permanently disabled as a result of an accident.
Another factor that affects the amount of damages is the impact that the injury has on the person’s life. If the injury prevents the person from working or enjoying their normal activities, they may be awarded more compensation to account for these losses. The court also considers the length of time it will take for the injured person to recover, as well as the extent of their medical treatment and rehabilitation needs.
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The person’s age and occupation can also play a role in determining the amount of damages. For example, if the injured person is young and has many years of earning potential ahead of them, they may be awarded more compensation for lost wages than an older person who is close to retirement. Similarly, if the injured person works in a job that requires physical labor and their injury prevents them from performing their job duties, they may receive more compensation than someone who works in a sedentary job.
The actions of the defendant also play a role in determining the amount of damages awarded. If the defendant acted recklessly or intentionally caused harm, the court may award a larger amount of damages to send a message that this kind of behavior is unacceptable. In cases where the defendant’s actions were particularly harmful, punitive damages may also be awarded.
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Seeking Legal Help for Your Personal Injury Case
If you have been injured in an accident in Florida, it is important to understand the types of damages you may be entitled to receive. A personal injury lawsuit can help you recover compensation for your medical bills, lost wages, pain and suffering, and other losses that you have experienced as a result of the accident. The amount of damages that you receive will depend on the specific circumstances of your case, including the severity of your injury and the impact it has had on your life.
Navigating a personal injury lawsuit can be a complex and challenging process, but you do not have to do it alone. The legal system can be confusing, and it is important to have someone on your side who understands the laws and can fight for your rights. Serrano Law is here to help you every step of the way. Our experienced team is dedicated to helping injured individuals in Florida recover the compensation they deserve. Contact us today to schedule a consultation and learn more about how we can assist you with your personal injury case.