Type of Damages that can be claimed in a Personal Injury Claim

Posted on January 10, 2024 by Shapiro Law Group

compensation money and litigationConsider the turmoil that ensues in your life after experiencing a personal injury. The situation extends beyond physical suffering and emotional turmoil to include potentially overwhelming financial consequences. In these circumstances, comprehending the range of damages claimable in a personal injury lawsuit becomes essential. This understanding is not only beneficial for pursuing appropriate compensation but also plays a key role in regaining a degree of normalcy in your life.

Types of Damages in Personal Injury Claims

Economic damages in Florida are defined as compensation for objectively verifiable monetary losses. These types of damages are relatively straightforward to calculate as they involve tangible, quantifiable losses.

  • Medical Expenses: These cover all medical-related costs, from immediate treatment to long-term rehabilitation. According to the Centers for Disease Control and Prevention (CDC), the cost of medical care and productivity losses associated with injuries and deaths from motor vehicle traffic crashes exceeded $75 billion in 2017.
  • Lost Wages and Earning Capacity: Compensation for lost wages includes income lost due to the injury, and if the injury affects your future earning capacity, that can be claimed too.
  • Property Damage: If personal property is damaged as a result of the incident, costs for repair or replacement are recoverable.

Non-economic damages, in contrast, are intangible losses and are largely subjective, making them more challenging to quantify. These damages address the non-monetary impact of an injury on an individual’s life.

  • Pain and Suffering: This includes compensation for the physical pain and emotional distress suffered due to the injury. Quantifying pain and suffering can be complex and often requires detailed testimony and medical records.
  • Loss of Enjoyment of Life: When injuries prevent engagement in previously enjoyed activities, compensation can be sought for this loss.
  • Emotional Distress: Separate from pain and suffering, this refers to the psychological impact of the injury, including conditions like anxiety, depression, or PTSD.

Punitive damages in Florida are aimed at punishing defendants for egregious misconduct and deterring future wrongful actions.

  • In Cases of Gross Negligence: Punitive damages are awarded in cases where the defendant’s conduct was especially harmful. They are intended to punish the wrongdoer and deter similar future conduct.

Factors Affecting Personal injury claims

The value of personal injury claims in Florida is influenced by various factors, including:

  • Severity and Type of Injuries: The severity and type of injuries significantly affect the claim’s value. More severe injuries, such as traumatic brain injuries or permanent disabilities, usually result in higher compensation due to increased medical costs and impact on life quality.
  • Medical Treatment and Future Expenses: Costs for medical treatments, such as surgeries and physical therapy, and anticipated future medical expenses are critical factors. Well-documented medical records are essential to substantiate these costs.
  • Pain and Suffering Damages: These are non-economic damages for physical discomfort and emotional distress caused by the injuries. Experienced attorneys can help convey the extent of pain and suffering, impacting the claim’s value.
  • Emotional Distress and Other Non-Economic Damages: Victims may experience non-economic damages like emotional distress, loss of enjoyment of life, and loss of companionship. These damages are difficult to quantify but are essential components of a comprehensive claim.
  • Impact on Quality of Life: The injury’s impact on the victim’s daily activities, hobbies, and social engagements can significantly boost the claim’s value.
  • Loss of Income and Future Earning Capacity: Compensation for lost wages and diminished future earning capacity is considered, especially in cases of long-term disability.
  • Role of Pre-existing Injuries: Insurance companies often examine medical histories for pre-existing conditions to potentially diminish the claim’s value. However, compensation can still be sought for exacerbation of these conditions due to the accident.

Assisting with Personal Injury Claims in Florida

Understanding the types of damages claimable in a personal injury lawsuit is vital for anyone who has endured harm due to another’s negligence. The spectrum of compensation encompasses economic, non-economic, and punitive damages. For Florida residents, consulting with a proficient Florida personal injury lawyer is a key step in this legal journey.

Tampa Bay personal injury attorneys at Shapiro Law Group are well-equipped to assist those who have suffered personal injuries, including catastrophic ones, guiding them towards justice and financial stability. Embarking on a personal injury claim transcends seeking monetary compensation; it’s about advocating for fairness and accountability. Having a knowledgeable Florida personal injury lawyer is crucial in this endeavor.

If you or someone you know requires legal assistance, the Florida personal injury lawyers are prepared to offer their support, ensuring that you don’t face these challenges alone. In your quest for justice, remember that the right legal guidance is instrumental in navigating this complex and significant process.


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