In Florida, non-economic damages are only available in car accident cases if a permanent injury occurs as a result of the accident. This includes pain and suffering, emotional distress, loss of companionship, and loss of the consortium. Pain and suffering provide compensation to the injured party beyond easily identifiable economic damages. This includes both short- and long-term physical suffering as the injured party recovers, as well as mental and emotional distress that can be immediate or long-lasting.
Examples of pain and suffering include anxiety and fear related to the trauma suffered by the victim, pain from not being able to perform tasks and duties in the same way as before the accident, reduced strength and endurance, and loss of independence in activities of daily living. Punitive damages are not designed to compensate the victim, but to punish the defendant for causing the injuries to the victim and to deter others from engaging in similar behavior. Punitive damages are generally awarded when the defendant's conduct has been especially egregious or outrageous. Punitive damages are not awarded in all personal injury cases and cannot be considered unless compensation for damages has been ordered.
To avoid compensation for excessive punitive damages, courts often limit punitive damages to less than ten times the amount of compensatory damages. Recipients of large personal injury compensation may choose to receive compensation in the form of a structured agreement. Structured agreements serve as an alternative to compensation for lump-sum damages.Structured settlements disburse compensation for harm to the victim on a monthly or annual basis for a specified period of time. Choosing a structured settlement has many benefits, such as lower federal and state income taxes and a greater chance that the defendant will get his money back.
Because each victim's financial needs are different, those considering a structured settlement should first consult an attorney and financial planning professional.Personal injury compensation almost always includes the cost of medical care related to the accident, reimbursement for treatment you have already received, and compensation for the estimated cost of medical care you will need in the future because of the accident. You may also be entitled to compensation for the impact of the accident on your salary, not only for income you have already lost but also for money you could have earned in the future if it hadn't been for the accident. In personal injury legal jargon, this is often characterized as compensation for loss of earning capacity.Loss of property is another form of damage that can be recovered in personal injury cases. If any vehicle, clothing, or other item was damaged as a result of the accident, you may be entitled to reimbursement for repairs or compensation for its fair market value.You may also be entitled to receive compensation for pain and severe discomfort you suffered during and immediately after the accident, as well as any ongoing pain that may be attributed to it.
Emotional distress damages are intended to compensate personal injury plaintiffs for psychological impacts such as fear, anxiety, and loss of sleep. Some states consider emotional distress part of any pain and suffering damages awarded.If an injured plaintiff sits back and rests on their laurels when it is not reasonable to do so (for example, by not receiving necessary medical treatment after an accident), their compensation for damages could be significantly reduced. Insurance companies sometimes establish a correlation between property damage and extent of injuries.In personal injury cases, loss of consortium is generally related to how injuries impact plaintiff's relationship with their spouse - such as loss of companionship or inability to maintain a sexual relationship.Let's discuss different types of damages in personal injury cases and how plaintiff's action (or inaction) can affect their compensation. If you have been injured due to another party's negligence, you may be able to hold them accountable.
You only have one chance to assert your legal rights in a personal injury lawsuit - if you leave money on table, you could be forced to live with consequences for months, years or even rest of your life.You can recover damages by filing a personal injury claim or lawsuit - or sometimes both. If one party dies in an accident, it turns into wrongful death lawsuit. If you have been injured due to carelessness (negligence) or intentional misconduct of another person or organization, you may be entitled to compensation for your losses.Surviving spouse can recover lost wages that deceased spouse would have earned from date of injury until date of death; children can recover financial aid lost due to father's death; surviving spouse can receive compensation for loss of companionship as well as pain and suffering resulting from injury/death.New York generally imposes three-year statute of limitations on personal injury lawsuits under New York Civil Practice Act & Regulations (CVP). When dog bite injures innocent victim, dog's owner may be responsible for damage caused by their pet.Medical expenses include all current & future costs associated with diagnosing, testing, treatment, surgical procedures, rehabilitation & therapy for injuries suffered in accident.