If someone injured you through their own misconduct, Florida law entitles you to monetary compensation. If you can prove your claim, you will qualify to receive compensation for all of your losses, including your tangible and intangible losses. Under certain circumstances, you might even be eligible for punitive damages.
Economic Damages
Economic damages compensate you for tangible losses that are easy to value in dollars and cents, including the following.
Medical Expenses
Medical expenses can include:
- Doctors visits
- Lab testing
- MRIs and other diagnostic testing
- Prescription and OTC medication
- Surgery
- Medical equipment
You can demand compensation for all of your reasonable and necessary medical costs. However, you might have trouble enforcing a claim for non-traditional medical treatment such as acupuncture or homeopathy.
Future Medical Expenses
You might not have fully recovered by the time you file your claim. In fact, you may never recover fully or be unsure when you will recover. If you face this situation, you will need to demand future medical expenses. This necessity raises all sorts of complications. It is difficult to calculate and prove medical expenses that might occur decades into the future. The consequences of a miscalculation, however, could be serious.
As a practical matter, you might need an expert witness for two purposes. First, a consulting witness can calculate your estimated future medical expenses. Second, a testimonial expert witness can help prove the amount of your future costs on the witness stand. The testimony of your expert during a deposition could tip the playing field in your favor when it comes to negotiating a reasonable settlement.
Lost Earnings
How seriously did your injuries affect your ability to work? Were you off work for a few days? Did you miss weeks of work? If you did, you may qualify for reimbursement of your lost earnings. You will have to prove every penny you lost, however.
Future Lost Earnings
Can you return to work at your previous position, working the same number of hours as you did before? If so, you might have no future lost earnings. If you must return to a less demanding, lower-paid position, however, you could accumulate lost earnings for weeks, months, or even years to come. In a worst-case scenario, you might find yourself unable to work ever again. In this case, it is imperative that you demand future lost earnings.
Calculating future lost earnings works a lot like calculating future medical expenses. You will probably need an expert witness to determine how much you are likely to lose. If you suffered a permanent loss of your earning capacity, calculating your future losses will not be easy. It’s essential to work with an experienced attorney to accurately calculate these damages.
Miscellaneous Expenses
It is impossible to determine in advance exactly what kinds of expenses will arise if you suffer a personal injury. The following are some of the most common.
Child Care
If you have children, their needs will not suddenly disappear simply because you suffered an injury. While you are in the hospital, in bed, or otherwise unable to care for your children, you might need to hire a babysitter or send your children to other forms of child care. Although child care isn’t cheap, you can seek reimbursement for these expenses.
Housekeeping
You can also pursue reimbursement for any amount you paid someone else to take care of your domestic chores during the time your injuries prevented you from doing so.
Medical Travel Expenses
You might need to spend the night out of town in order to receive medical treatment. If this happens, a variety of expenses might arise, most of them travel- and accommodation-related.
Property Damage
Strictly speaking, property damage is not a personal injury expense. Nevertheless, courts tend to handle property damage claims together with personal injury claims. Property damage claims are particularly likely to arise if you were injured in a car accident. In addition to vehicle repairs or replacement, you might also find yourself liable for storage and/or car rental expenses.
Non-Economic Damages
Non-economic damages compensate you for intangible losses, including the following.
Pain and Suffering
The measure of pain and suffering damages is how much physical suffering you endured as a result of your injuries. In many cases, these damages are valued higher than the non-economic damages available for a particular claim. Don’t ignore pain and suffering damages — they might be immense under certain circumstances.
Emotional Distress
Many personal injury victims experience emotional distress. You can include the psychological and mental effects you’ve endured in your claim for non-economic damages.
Loss of Enjoyment of Life
Your injuries might have prevented you from enjoying hobbies and pastimes that used to bring you pleasure. They might prevent you from playing chess, for example, or from attending aerobics classes. Your injuries might even prevent you from spending time with friends. You deserve compensation for these losses.
Disfigurement
Imagine you suffer extensive facial scarring. Compensating you for your medical expenses simply won’t be enough to compensate you for your full losses, including your emotional anguish and social disadvantages. Damages for scarring and disfigurement are designed to compensate you under these circumstances.
Loss of Consortium
Loss of consortium is a claim filed by your close relative(s) for losses that they suffer as a consequence of your injuries. For example, your spouse may no longer be able to enjoy emotional and sexual intimacy with you. Your children may have lost opportunities for companionship and guidance.
Punitive Damages
In addition to economic damages and non-economic damages, courts sometimes award punitive damages. Courts only award these damages when the defendant’s conduct is so outrageous that it shocks the conscience. For example, you might get punitive damages after a “road rage” incident in which the defendant intentionally caused the traffic accident that injured you. These damages are rare, but they could be available in extreme cases.
A Florida Personal Injury Lawyer Can Help You Identify and Calculate Your Damages
In a Florida personal injury case, the amount of compensation you receive will depend on the unique facts and circumstances. By working with an attorney, you can significantly improve your chances of a fair outcome.
An experienced Stuart personal injury lawyer at Kibbey Wagner Injury & Car Accident Lawyers can make all the difference in your case. Contact us at (772) 444-7000 for a free consultation to discuss your legal rights and options.
--------------------------------------------------