What Damages Can You Recover in a Personal Injury Case?
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Recoverable Damages in Personal Injury Cases
There are two broad categories of damages that can be recovered in personal injury cases: economic and non-economic.
Economic Damages
Economic damages are represented by financial losses that would not have occurred but for the injury, such as past and future medical expenses, lost wages and loss of earning capacity.
Non-Economic Damages
Non-economic damages are represented by nonfinancial losses that would not have occurred but for the injury, such as past and future pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of capacity for enjoyment of life, etc.
Permanent Injury Requirement for Pain and Suffering Damages
Under the Florida law, car accident victims must meet a personal injury threshold requirement to be entitled to pain and suffering damages – their injuries must be permanent, or they lost an important bodily function, or sustained significant and permanent scarring or disfigurement or death. Generally, a determination of permanency is made by a treating physician once a patient reaches the point of maximum medical improvement (MMI), unless the injuries are severe, such as when there are fractures or extensive scarring. The disability determination is represented by a percentage rating, which in most cases determines the settlement value of the case.
If the treating physician does not find that the patient sustained a permanent injury that meets the threshold requirement, the car accident victim’s damages will be limited only to out-of-pocket medical expenses and lost wages.
The permanency threshold requirement applies only to injuries received in a motor vehicle accident. There is no such requirement in slip and fall accidents, dog bites, motorcycle, bicycle and pedestrian accidents.
Damages in Wrongful Death Cases
In Florida, a wrongful death claim exists when a person dies as a result of a wrongful act, negligence, default, or breach of contract or warranty and the person injured would have been entitled to file a lawsuit and recover damages if they had not died. Wrongful death claims involve all types of fatal accidents from car accidents to medical malpractice or product liability cases. Essentially, anytime someone dies from other than natural causes, there is a possibility that someone may be legally responsible.
Under Florida Wrongful Death Act, there are two categories of claimants entitled to recover in a wrongful death lawsuit – (1) beneficiaries of the estate of the deceased person (as specified in a will or, if there is no will, as determined by the Florida intestacy laws) and (2) the survivors (the decedent’s spouse, children, parents, dependent relatives). These types of claimants are entitled to different types of damages under the Florida Wrongful Death Act.
Generally, surviving family members may recover the value of lost support and services, loss of the decedent spouse’s companionship and protection, mental pain and suffering, lost parental companionship, instruction, and guidance, and medical or funeral expenses due which have been paid. The deceased person’s estate may recover lost wages, benefits, and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived; lost “prospective net accumulations” of the estate, or the value of earnings the estate could reasonably have been expected to collect if the deceased person had lived; and medical and funeral expenses that were paid by the estate directly.
How can we help?
The injured person has the burden of proving his or her damages. The victim’s financial recovery is dependent upon the necessary and adequate documentation to prove the value of damages that are being sought. At Anna Handy Law Firm, P.A., we work closely with our clients every step of the process to ensure that they not only receive maximum medical recovery but also build up proper documentation to obtain maximum financial recovery. If you have been injured in an accident that was not your fault, please give us a call for a free non-obligation consultation. (386) 248-3000.