After an accident, you may be suffering from serious injuries, costly medical care, and lost income due to missed work while you recover. To help you with these various losses, you will need to seek compensation from insurance or the person responsible for your accident. In Miami and throughout Florida, injury victims can claim a wide range of damages to help cover the costs associated with an accident.
The exact types of damages that apply to your case will depend on the specific facts of your accident and injuries. A Miami personal injury attorney at Elstein Legal can explain which damages apply, help you gather evidence to prove your claim for each type of damages, and represent your interests at every step of the process.
How much is my Miami personal injury case worth?
One of the most important considerations most injury victims make after an accident is how much compensation they will receive for their losses. However, the exact amount your injury case is worth will depend on the aspects that are unique to the facts of your accident. Therefore, it is challenging to estimate exactly how much compensation you can expect without looking at several factors such as:
- The extent of your injuries
- The estimated time to recovery
- Questions or issues of liability
- The insurance policies involved
- The amount of your verifiable losses
To get the best idea of how much your settlement is worth, you will want to speak with an experienced injury lawyer in Miami. At Elstein Legal, we take the time to listen to your story to understand the accident’s impact on your daily life to determine how much your case is worth. We will also aggressively represent your case to ensure you get the settlement you deserve.
What are the different types of damages?
Damages in a Miami personal injury case refer to the compensation a victim received in response to the various losses suffered due to the accident. Florida allows injury victims to request a broad range of specific types of damages, which generally fall into distinct categories.
The categories of damages that may be available in your injury accident claim are:
- Economic
- Non-economic
- Punitive
Economic Damages in Florida Personal Injury Cases
Economic damages refer to your calculable losses. These losses are determined based on your verifiable, out-of-pocket expenses. According to Fla. Stat. § 768.81, economic damages refer to any monetary loss that would not have occurred if your accident had not happened, including some future losses.
Economic damages are the basis for determining how much your injury case is worth. There are several specific types of losses you may be eligible to claim as economic damages in your case. It is essential to include all applicable damages to ensure you get the full compensation you need to recover.
Types of Economic Damages
Some of the losses you may be able to include as economic damages in your personal injury claim include:
- Medical expenses
- Future medical costs
- Lost income
- Future lost wages
- Lost earning potential
- Property damage
- Assistive services
In most cases, the amount of your economic damages also forms the foundation for your claim for non-economic damages. The Miami injury lawyers at Elstein Legal can help you gather all of the documents, invoices, and evidence you will need to prove the amount of economic damages you are requesting.
Non-Economic Damages in Miami Personal Injury Cases
Non-economic damages refer to your subjective losses. These damages are harder to quantify because they are not based on tangible losses. Instead, they are meant to compensate you for the various ways you may have suffered from your accident. According to Fla. Stat. § 766.202, non-economic damages are non-financial losses that would not have occurred if not for the accident.
It’s important to work with a personal injury lawyer regarding your non-economic damages because they can be more challenging to calculate and prove. At Elstein Legal, we will work with you to determine which specific non-economic damages you may be eligible to claim and build the evidence to support that amount.
Types of Non-Economic Damages
Depending on the facts of your case, you may be able to request the following types of non-economic damages:
- Pain and suffering
- Emotional distress
- Physical impairment
- Scarring or disfigurement
- Loss of capacity
- Loss of enjoyment
- Loss of consortium
- Mental anguish
An adequate calculation of these non-financial damages is essential for ensuring you receive the maximum compensation possible for your injuries.
Punitive Damages in Florida Personal Injury Cases
Punitive damages are a special category of compensation meant to serve as a punishment for especially egregious behavior. However, punitive damages are rare and generally only awarded in cases with clear and convincing evidence of intentional wrongdoing or wrongdoing motivated by unreasonable financial gain.
The specific rules that apply to punitive damages in Florida injury cases are outlined in Fla. Stat. § 768.73. This statute also limits punitive damages awards to up to three times the amount of your compensatory damages, which is the sum of your economic and non-economic losses, or $500,000, whichever is higher.
Florida Personal Injury Damage Caps
Caps are limits on how much compensation you can receive for specific categories of damages. Damages caps in personal injury cases try to prevent frivolous or fraudulent claims. However, they can also leave deserving victims with a settlement that does not reflect the entire scope of their losses, so they have become increasingly controversial.
Fortunately, Florida does not limit economic or non-economic damages in personal injury cases. Although Florida previously had a cap for non-economic damages in medical malpractice cases, the Florida Supreme Court ruled these caps unconstitutional in 2017. Therefore, punitive damages are the only category with current limits imposed.
Our Miami Injury Attorneys Can Help You Calculate Damages
If you need help understanding what types of damages you may be able to claim in your personal injury case, the personal injury attorneys at Elstein Legal can help. Call us at (305) 299-2835 to schedule your free consultation today.
