Injuries as the result of someone’s careless or reckless behavior happen frequently, and for a wide variety of reasons. Perhaps you were hurt in a car accident due to a drunk driver or you were a pedestrian that got hit by a car while crossing an intersection. Maybe your injury occurred as the result of an accident while you were out: a slip on a wet floor at the grocery store, or a trip over an obstacle in an aisle. You injuries may be due to a defective product, or even as the result of a doctor’s mistake. In all of these scenarios, the injuries occurred as the result of someone’s negligence. Under Florida law, victims who are injured as the result of another’s negligent actions are entitled to claim damages. While most people know that they are entitled to compensation for the immediate care of their injuries, there are other forms of damages that may be awarded, depending on the specific type of case, and the amount of harm done.
Types of Damages
Under the Florida law, there are two basic types of damages: economic and non-economic damages. Economic damages generally refer to any kind of economic loss that a victim suffered as a result of the accident which caused their injuries, and can be substantiated by doctor’s bills, statements from employers, and physical evidence of damages to property and repair bills. Economic damages include:
- Medical expenses;
- Lost wages;
- Loss of support or service;
- Property damages;
- Cost of construction repairs to property; and
- Funeral expenses, in the event that the injuries resulted in death.
As opposed to economic damages, non-economic damages are those that don’t have a specific dollar amount associated with them, but result in losses nonetheless. Non-economic damages include:
- Physical suffering;
- Mental anguish;
- Inconvenience caused by your accident or injury;
- Ongoing physical impairment;
- Disfigurement; and
- Loss of enjoyment of life.
Compensation for Damages
In determining compensation for damages, there are a number of factors a jury will consider. There isn’t any set, exact standard; the goal is to award damages in an amount that is fair and reasonable under the circumstances. In awarding damages, a jury will consider the following:
- For medical expenses, the amount that would need to be sufficient to cover past, present, and future medical care, including surgeries, medications, and rehabilitation;
- For lost wages, the amount of actual wages lost, plus the potential for loss of future earnings and the ability to perform work that the injured party was previously able to do;
- Loss of consortium, if the spouse’s injured partner is unable to perform activities, tasks, and hobbies as a result of the accident;
- For the injured party’s child or children, loss of income they would have benefitted from, plus the companionship and care of the injured party, which may now be compromised; and
- For property, the difference in the value of the property prior to the accident, versus the value after repair.
As you can see, all of these damages can add up to more than what you can calculate based on bills and receipts. In addition to these damages meant to compensate you for your losses, a jury may award punitive damages, meant to punish the other party.
Contact Our Experienced Florida Wrongful Death Attorney
If you or a loved one is injured as the result of someone’s negligent or intentional act, contact our experienced Florida wrongful death attorneys today. At Hogan Frick, with offices in Orlando, Gainesville, Ocala, Kissimmee, and Lakeland, we can help you to calculate the damages resulting from your injury, and get you the compensation you deserve. Call us today for a free review of your case.