Types of Recoverable Damages in a Florida Personal Injury Case
Are you involved in a personal injury case? Knowing what damages are recoverable in your case helps you understand what type of compensation you can expect to receive. When you speak with your personal injury attorney in Bradenton, FL, you’ll hear them talk about two kinds of damages: compensatory and punitive. While your attorney will explain what these damages are in more depth and how they pertain to your particular case, continue reading for a general overview of these recoverable damage terms.
The term “compensatory damages” refers to financial compensation for all injuries that have a monetary value attached to them and require payment to the injured person. Within this category there are economic and non-economic compensatory damages.
Economic damages are the easiest for most people to wrap their heads around because they relate to tangible losses. These losses include the following:
- Lost income (past) – This is any income you’ve lost due specifically to the injury inflicted during the accident.
- Lost income (future) – If your injuries will cause you to lose income because you need to take off work for surgeries, medical appointments, or recovery, this is lost future income.
- Medical expenses – This includes expenses incurred from past medical and doctor visits as well as future visits. Most cases make a claim against the responsible party to cover anything not covered by one’s medical insurance. For example, if your medical insurance covers 80% of your doctor’s visits and surgery, your personal injury attorney in Bradenton can help you file a claim against the responsible party for the remaining 20%.
- Mileage: Compensatory damages also cover mileage costs for driving to doctor's appointments like physical therapy. Speak with your personal injury lawyer in Bradenton, FL, to learn more about how this amount is determined.
- Personal property loss: Were any items damaged or lost as a result of the accident? Perhaps you were injured in a slip-and-fall accident and you broke the laptop you were carrying in your bag. Both expensive and inexpensive items can be included as part of personal property loss compensation.
- Funeral expenses: The responsible party could be held liable for funeral expenses for the person killed in or as a result of the accident at hand.
Non-Economic damages are for the less tangible consequences of the accident. Often after a serious accident a person can suffer from emotional losses, and perhaps are unable to enjoy their prior quality of life. Even claims of being humiliated or embarrassed by the accident can earn you non-economic compensatory damages. Because the term “non-economic” is so broad, it’s best to discuss this information with your personal injury attorney.
These types of damages have to do with holding the party at fault accountable for their actions. They are something of a scarlet Letter on the company or person that shows the court that the at-fault party was willfully negligent. If you’re awarded punitive damages, you must speak with your Bradenton, FL, personal injury attorney to determine the best way to recover your punitive damages. The state of Florida has a high standard for collecting these financial awards.
Do you need a personal injury lawyer? Contact Erjavec Injury Law for a consultation today.