What Are Compensatory Damages In Florida Personal Injury Cases?
An accident can impact a victim’s life in many ways. Fortunately, because Florida understands the impact accidents have on people’s lives, Florida law allows accident victims to recover damages from at-fault parties. If, for instance, an individual suffers injuries in a Florida car accident because of a negligent driver, they can recover damages from the driver. Generally, the term “damages” in the legal context means a remedy in the form of money to the harmed party.
It is vital to understand the different types of damages in Florida personal injury cases. In this article, we will discuss compensatory damages.
Compensatory Damages in Florida Personal Injury Cases
Compensatory damages are the basis of any Florida personal injury claim. When you suffer a personal injury in Florida, you automatically acquire the right to claim compensatory damages.
So, what exactly are compensatory damages? These are damages awarded to compensate the plaintiff for what they have lost because of the accident or injury. Generally, compensatory damages pay the plaintiff for both the tangible and intangible things they lost after the accident or injury. From a monetary perspective, compensatory damages are intended to make a plaintiff “whole” again.
Types of Compensatory Damages
There are two types of compensatory damages. These are economic and non-economic damages. Simply put, economic damages are those damages that a person suffers that have a price tag on them. Examples of economic damages include;
- Medical expenses
- Lost wages
- Property damage and repair
On the other hand, non-economic damages do not have a price tag on them. They do not have receipts or bills that can prove their dollar amount. However, just because non-economic damages do not have a price tag or receipts or bills that can prove their dollar amount does not mean their monetary value is inexistent. There are several ways of calculating the monetary value of non-economic damages. Examples of non-economic damages include;
- Loss of enjoyment of life
- Pain and suffering
- Emotional trauma
Additionally, if, for example, an injury affects the relationship the victim has with their spouse, the victim’s spouse can recover compensation for loss of consortium.
What Do I Need To Prove To Recover Compensatory Damages?
The first thing you must prove to recover compensatory damages in a Florida personal injury case is duty. This is usually easy to prove since everyone has a duty to act reasonably under the circumstances in Florida.
Secondly, you must prove a breach of that duty, which entails proving the defendant failed to meet the standard of care required by law.
Next, you need to prove causation, which generally involves establishing a relationship between the defendant’s actions and your injuries.
Lastly, you need to prove the damages themselves to recover compensatory damages in a Florida personal injury case. For instance, you can prove medical expenses using medical bills.
Contact Us for Legal Help
If you have questions about compensatory damages or believe you deserve compensatory damages after being involved in a Florida auto accident, our Fort Lauderdale personal injury attorneys at The Pendas Law Firm are here for you. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Orlando, Ocala, West Palm Beach, Daytona Beach, Bradenton, Tampa, Miami, Jacksonville, and Fort Myers areas.
