Accidents happen—a harsh reality, but one we all face. When the unexpected strikes, it lingers not just in physical pain but also in financial toll. This is where damages come into play.
Damages refer to money awarded in a court case. Damages may be economic or non-economic. Non-economic damages are about the pain, stress, and changes to your life, like how the accident made you feel or how it stopped you from doing things you love.
Economic damages are the cold, hard cash value of your losses after an accident. It’s about quantifying the financial hit you’ve taken. While it might seem straightforward, determining the exact amount can be complex.
Types of Economic Damages in Florida
Here are the most common types of economic damages you can recover in Florida personal injury cases:
- Medical Bills: This is the most obvious one. From emergency room visits to physical therapy, every doctor’s appointment, medication, and piece of medical equipment has a cost. Medical bills often represent the largest financial burden people face after an accident.
- Lost Wages: If you can’t work because of an accident, you can get money to replace your lost income. This is called lost wages. You should be compensated for all financial losses resulting from missed work, using vacation or sick leave, or being forced to work at a reduced capacity. If your injuries mean you’ll never earn as much as before the accident, the court can also award you money for future lost wages.
- Property Damage: Whether it’s a totaled car or a damaged home, repairing or replacing property can be costly.
- Future Expenses: This is where things get a bit more complicated. If your injuries are severe enough to require ongoing medical care or therapy, you might claim future expenses. Typically, this is demonstrated through expert testimony from your treating physician.
- Out-of-Pocket Costs, Such As Transportation Expenses: Traveling to and from doctor’s appointments, especially for specialized care, can rack up costs. The tab gets even bigger if you need to go out of town for treatment. Luckily, the person who caused the accident is often responsible for covering these extra costs. This includes gas, tolls, parking, and even flights or hotel stays. You shouldn’t have to pay out of pocket for expenses related to your injury.
- Changes to Your Home or Car: Some accidents cause injuries that last forever. People might need to change their homes or cars to make things easier. For example, they might need a ramp for a wheelchair or wider doors. The person who caused the accident should pay for these changes.
- Household Services: During recovery, you may need to hire help for household tasks. To qualify for compensation, these services must be ones you wouldn’t have needed if you hadn’t been injured. For example, you can’t recover costs if a housekeeper’s wages were already part of your regular household budget.
Understanding these categories of economic damages can help ensure you receive the full compensation you deserve after an accident.
How is the Amount of Economic Damages Determined?
Calculating damages is complex. The jury (or judge if you waive a jury trial) receives specific instructions on determining the amount of compensation.
Your attorney must present detailed evidence of your losses to support your request. This may include receipts, bills, pay stubs, and other documentation of your financial impact. Your attorney might also call in experts to testify about the damages you have endured or will endure.
Keep in mind that damages will only be awarded if you win your case. To do that, you must prove that the other person was responsible for your injuries and that their actions caused your losses. This means demonstrating that they owed you a duty of care, that they breached that duty, and their negligence directly resulted in your harm and damages.
Claim the Economic Damages You Deserve
Learn how Florida courts calculate economic damages in personal injury cases, including the types of compensation available and the evidence needed to support your claim.
Insurance companies often fight tooth and nail to minimize payouts. That’s where a personal injury attorney can be a game-changer. They know the intricacies of the law and can help you build a strong case.
Understanding the financial implications of an accident is a significant step towards recovery. Contact Mincone Personal Injury Lawyers today so we can answer your questions and help you get your life back after a personal injury in Florida. Call us at (813) 430-3338.