These damages have a clear dollar value and can be easily calculated using bills, receipts, and other documentation.
When you suffer an injury due to another party’s negligence in Florida, you can seek compensation for losses incurred. These losses, known as damages, fall into two main categories: economic and non-economic damages. What are economic and non-economic damages?
Economic damages encompass tangible financial losses such as medical expenses, lost wages, property damages, and rehabilitation costs. Non-economic damages, conversely, pertain to intangible losses. This includes pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Understanding the distinction between these two types of damages is essential for anyone pursuing a personal injury claim in Florida. It forms the cornerstone of calculating fair compensation and seeking justice for the harm endured.
Economic Damages: Monetary Losses
Economic or special damages refer to the quantifiable financial losses an injured party experiences due to the accident or incident. These damages have a clear dollar value and can be easily calculated using bills, receipts, and other documentation. Examples of economic damages include:
- Medical expenses: Any costs associated with medical treatment for the injuries sustained, such as hospital bills, doctor visits, medication, and physical therapy.
- Lost wages: Income lost due to the inability to work while recovering from the injuries, including past and future lost earnings.
- Property damages: The cost of repairing or replacing any personal property damaged in the accident, such as a vehicle or personal belongings.
- Out-of-pocket expenses: Any additional expenses incurred directly from the injury, such as transportation costs to medical appointments or modifications to the home to accommodate a disability.
Calculating economic damages involves adding up all the expenses and financial losses related to the injury. An experienced personal injury attorney can help gather the necessary documentation and evidence to support your claim for economic damages.
Non-Economic Damages: Pain and Suffering
Non-economic or general damages refer to the intangible losses an injured party suffers. These damages do not have a specific monetary value. These non-monetary damages are subjective and can be more challenging to quantify than economic damages. Examples of non-economic damages include:
- Pain and suffering: The physical and emotional distress caused by the injury, including past and future pain and suffering.
- Mental anguish: The psychological impact of the injury, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life: The inability to participate in activities or hobbies that the injured party previously enjoyed due to the injuries sustained.
- Disfigurement or scarring: The emotional distress and self-consciousness associated with permanent disfigurement or scarring caused by the injury.
- Loss of consortium: The loss of companionship, affection, and support suffered by the injured party’s spouse or family members.
How to Calculate Economic and Non-Economic Damages
How should you calculate economic vs non-economic damage? Calculating non-economic damages can be more complex than determining economic damages. This is because no clear monetary value is assigned to pain and suffering or emotional distress. In Florida, juries use their judgment and consider several factors when awarding non-economic damages. This may include factors such as the injury’s severity, the recovery process’s duration, and the impact on the injured party’s quality of life
Attorneys and insurance companies may use various methods to estimate non-economic damages. For example, multiplying the economic losses by a specific factor or using a per diem method, which assigns a dollar value to each day the injured party experiences pain and suffering. These multiplier methods are not binding, however. The ultimate determination of non-economic damages lies with the jury, or the parties involved in a settlement negotiation.
Punitive Damages
In some cases, you may receive an additional category of damages known as punitive damages. Punitive damages do not aim to compensate the injured party but rather punish the wrongdoer for egregious or reckless behavior and deter others from engaging in similar conduct.
In Florida, courts award punitive damages only in cases where the defendant’s actions were intentional or grossly negligent. The injured party must provide clear, convincing evidence that the defendant’s conduct was reprehensible and warrants additional punishment. Punitive damages are capped at three times the amount of compensatory damages (economic and non-economic damages combined) or $500,000, whichever is greater.
It’s important to note that punitive damages are not guaranteed in every case and are typically only awarded in exceptional circumstances where the defendant’s actions merit such punitive measures. Therefore, it’s crucial to consult with experienced legal counsel to assess the viability of pursuing punitive damages in your personal injury case.
The Role of an Experienced Personal Injury Attorney
Pursuing a personal injury lawsuit in Florida can be complex, mainly when calculating and proving economic and non-economic damages. Working with an experienced personal injury attorney can make a significant difference in the outcome of your case. A skilled attorney can:
- Thoroughly investigate your case and gather evidence to support your economic and non-economic damages claim.
- Consult with medical experts and other professionals to assess the full extent of your injuries and their impact on your life.
- Negotiate with insurance companies on your behalf to seek a fair settlement that encompasses all your damages.
- Represent you in court, if necessary, to fight for your deserved compensation.
At Jurewitz Law Group Injury & Accident Lawyers, our dedicated team of Tampa personal injury attorneys understands the intricacies of Florida’s damage laws. Our legal team has a proven track record of success in securing substantial settlements and verdicts for our clients. Our law firm recognizes the physical, emotional, and financial toll that an injury can take on your life, and we are committed to helping you hold the responsible parties accountable.
If you or a loved one has been injured due to someone else’s negligence or intentional actions in Florida, seek legal guidance with Jurewitz Law Group Injury & Accident Lawyers. Contact us at (619) 233-5020 to schedule a free, no-obligation consultation with our compassionate and skilled personal injury lawyers. Let us fight for your rights and help you pursue the compensation you deserve for your economic and non-economic damages. With our experience and dedication, we will stand by your side, navigating the complexities of the legal system to ensure that you receive the justice and compensation you rightfully deserve.
