Personal Injury Claims in Florida
If you are considering filing a personal injury lawsuit, you may be wondering what monetary compensation you will receive for doing so. Damages, which are your compensation, are based on your financial losses, physical injuries, and emotional suffering. In a personal injury case, the defendant will pay monetary damages to the plaintiff (the injured party). Damages can be awarded based on a negotiated settlement or may be ordered by a judge or jury.
For personal injury claims in Florida, there are two forms of damages: compensatory and punitive.
Compensatory Damages
Compensatory damages can be further broken down into two categories: economic and non-economic losses. Economic damages can consist of:
Lost wages
Medical expenses
Property loss
Other financial consequences arising from the injury
Economic damages are easily computed by calculating the amount of money lost or paid by the client. Future economic damages can also be awarded if future medical treatments, rehabilitation, lost wages, or other financial losses are anticipated. An attorney will use a mortality table to establish a foundation for a client’s life expectancy and their lost earning capacity because of their injury. The purpose of future losses is to compensate the loss of capacity for the client — not the actual loss of future earnings.
Non-economic damages are harder to calculate accurately. These damages are designed to compensate a client for:
Pain and suffering
Disability
Disfigurement
Mental anguish
Loss of capacity
Loss of consortium
Punitive Damages
Punitive damages are governed by Florida Statutes §768.72. These statutes state that a defendant can be held liable for punitive damages only if there is clear and convincing evidence that the defendant was personally guilty of gross negligence or intentional misconduct. Statute §768.73 puts caps on punitive damages, which do not allow the amount of punitive damages to exceed the greater of three times the amount of compensatory damages or the sum of $500,000. If, however, the misconduct of the defendant was motivated by unreasonable financial gain, then the damage cap is increased to four times the amount of compensatory damages or no more than the sum of $2 million.
Punitive damages are not designed to compensate the plaintiff. Instead, these damages are used to punish the defendant for their behaviors and act as a deterrent to others. Not all personal injury claims will qualify for punitive damages.
Speak with an Attorney from Jodat Law Group, P.A.
If you are considering a personal injury claim, first have your case assessed by a personal injury attorney from Jodat Law Group, P.A. We can explore your legal options and assess what damages you may be entitled to based on the facts of your case. Contact us online to schedule a consultation or call 877-JodatLaw now.