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Understanding how damages are awarded in Florida personal injury cases can provide insight into what your personal injury case may be worth. These are the most common types of damages awarded in Florida personal injury cases:
Compensatory Damages – these are meant to compensate an accident victim for any loss incurred because of an accident or injury. The primary types of compensatory damages include:
• Medical – the cost of medical care incurred because of the accident, both current and future, including expenses associated with a permanent disability or disfigurement.
• Property – reimbursement for repairs or fair market value of any property lost or damaged because of the accident.
• Income – lost wages as well as any future earnings impacted by the accident.
• Pain and Suffering – compensation for any pain or serious discomfort caused by the accident, including any ongoing pain or discomfort.
• Loss of Enjoyment – if you can no longer enjoy something you used to do because of the accident – for example, if you were a marathoner and could no longer run, you may be entitled to compensation for loss of enjoyment of life.
• Emotional Distress – compensation for the psychological impact of an accident or injury.
• Family Relationship Interference – if your accident or injury interfered in any family relationships, either with your spouse or children.
Punitive Damages – when a defendant’s conduct is found to be especially careless or egregious, a plaintiff may be awarded punitive (punishing) damages. Florida has a cap on punitive damages of $500,000 or three times the amount of compensatory damages, unless the case involves child or elder abuse. If the defendant caused the injury because they were motivated by financial gain, punitive damages can be raised to $2 million or four times compensatory damages. In all punitive damage awards, 35 percent of the total goes to the state.
If you or a member of your family have been in an accident and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.