Florida Personal Injury Claims
The unthinkable has happened. Through no fault of your own, you were injured in an accident. Now what happens? Here are the different types of damages that may be recovered in a Florida personal injury claim:
Non-economic damages: Mental anguish and injury, pain, disability, disfigurement, or loss of capacity for enjoyment of life.
Mental anguish: If your injuries result from someone else’s negligence, you could recover damages for mental anguish. However, the impact rule in Florida states that you cannot recover damages for mental or emotional pain and suffering that cannot be linked to the physical injury.
Injury, pain, disability, disfigurement, loss of capacity for enjoyment of life: The damages for pain and suffering are usually the largest part of a settlement, although the courts do not set a specific standard for measuring such damages. The criterion is that the pain and suffering amount is fair with respect to the evidence presented. In the vast majority of automobile accident cases in Florida, it is necessary that the claimant suffer a permanent injury to be awarded money for pain and suffering. In other types of accidents, the claimant does not have to prove a permanent injury to be awarded money for pain and suffering.
Lost wages and medical expenses: In Florida, Personal Injury Protection (PIP) is the minimum required insurance. It is automobile insurance coverage that allows people to recover for economic loss, such as lost wages or medical bills, resulting from physical injuries sustained in an accident from an auto insurance company they are insured with. Fault does not have an effect on PIP.
Mileage: You can be reimbursed for mileage if you need to travel to and from medical appointments or the pharmacy.
Replacement of personal property: In an auto accident, it is possible for you to recover damage to your car and any items inside your car under either your collision coverage or the at-fault party’s property damage coverage.
Funeral expenses: In most auto accident cases in Florida, funeral expenses may be recoverable under the decedent’s personal injury protection coverage, uninsured motorist coverage, or against the other driver.
Punitive damages: You may be entitled to punitive damages that are designed to punish the person who caused the accident. To recover punitive damages, you generally need to show that the at-fault party was reckless, such as driving drunk or driving on the wrong side of the road.
Have a Questions About Your Personal Injury Case?
If you have been injured in an accident as a result of another’s actions, please contact our personal injury law firm to discuss your case and which damages you may be entitled to. We never charge any up-front fees to handle your case, and no fees are collected until Hancock Injury Attorneys wins the case.