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Damages

Those hurt in accidents often believe that the negligent party’s insurance will cover the cost of their injuries and damage. Florida law, however, does not require motorists to have bodily injury liability coverage when operating private passenger vehicles. Commercial vehicles, depending on their size, may be required to have this coverage. Considering the complexities with these cases, those affected are often deterred from seeking legal assistance because they do not realize the benefits that they can receive through legal action.

Damages Awarded in Personal Injury Cases

There are three types of damages that a victim can recover from a filing a personal injury claim: compensatory, punitive, non-economic, and nominal damages.

Compensatory damages

Compensatory damages offer a financial reward to the victim for past and future economic losses as well as non-economic expenses. Economic loss can be itemized with an expense report and replaced with the monetary value of the items. For example, your car, medical bills and lost wages are all expenses that have an exact monetary value and therefore, can be compensated for. You may even be able to recover for your lost earning capacity if such a loss is due to the injuries sustained from the accident.

Non-economic damages

Non-economic losses are tricky since they involve factors where monetary value is hard to determine. These losses can include emotional issues such as pain and suffering. In accordance with Florida Statutes, Section 627.733, these special damages can only be awarded if there is a permanent injury and the owner of the vehicle was required to have personal injury protection (PIP) coverage. PIP coverage is required of drivers of passenger vehicles.

Punitive damages

Punitive damages are a large sum of money intended to punish the liable party. You can only be awarded punitive damages in cases where the court finds that the guilty party acted in a grossly negligent manner. This behavior can include, but is not limited to, driver incompetence, excessive speed and violation of safety or traffic laws.

Nominal damages

Nominal damages are a small amount of money that can simply be awarded after you bring a cause of action, but they are less desirable by victims as they do not provide much help during this difficult time.

Reduction of Damages

The purpose of Florida tort law is to make the victim of an accident “whole” by enabling the victim to recover for any losses suffered. To be fair, the law prevents these victims from recovering for their own negligent acts or from being compensated twice.

Since Florida is a “comparative negligence” state, the amount that the victim can recover in damages can be reduced if the victim was also at fault. As long as the victim somehow contributed to the cause of the accident, he or she will not be precluded from seeking damages altogether but the amount of damages will decrease by the percentage of fault. This percentage will be determined in court.

The amount of damages awarded to you, as a victim, can also be reduced by the amount you may have collected from other sources. For instance, the guilty party’s insurance company may have paid you to cover the cost of repairs for your vehicle. If you are awarded damages later on and they include the cost of repair, that amount will be subtracted from your award.

How to quantify the worth of a personal injury case?

The worth of a personal injury case is hard to quantify. There is no magic formula to calculate the exact value of a case. Because every personal injury case is unique, the value of each claim is also appraised individually.

In a 2019 report released by the Florida Highway Safety and Motor Vehicles (FLHSMV), the state had a total of 236,753 motor-vehicle accidents that resulted in injuries. Approximately 14,200 of these were incapacitating injuries that required hospitalization and left the victim with disabling injuries such as severed limbs and bone fractures.

Regardless of the severity of your accident, our accident lawyers in Plantation, Fl can help. As part of our advice to our clients, we have prepared (below) 5 steps to calculating the value of your case.

See: 5 Steps to Knowing How Much Your Case is Worth

Suffered damages due to someone's negligence?

Schedule a Free Consultation with one of our attorneys near your area. We are a firm comprised of experienced accident attorneys and take our clients cases seriously. Our lawyers are known in the community to provide reliable trustworthy answers, aggressive legal representation, and affordable legal services. You NEVER PAY unless YOU GET PAID. We understand you have your choice of no win, no fee personal injury lawyers.

Here at Ask My Attorneys, we have experienced aggressively fighting for our clients that have been involved in all kinds of traffic accidents, including:

and everything involving vehicle accidents.

You risk nothing by talking with us, because will not cost you anything unless we can recover for you.

Understand your legal rights when you are involved in a car accident. Contact us at 954-961-5100 for more information or to discuss your free consultation.

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What Our Clients Say

  • June loochkartt

    "Mr. Gonzalez is a highly effective personal injury who gets results and practices with diligence, professionalism and integrity. He is swift to get results, fights for you and never backs down from a difficult case to obtain a great result. Always responsive to questions and very thorough handling of the case. I would highly recommend his firm to anyone looking for representation."

  • DANIELLA PREVOST

    "I would highly recommend Rafael Gonzalez as a personal injury attorney. He demonstrates Professionalism, was very knowledge, and was responsive to all my concerns. He answered all my questions in a timely manner with compassion and wisdom. He is a great negotiator and always has his client’s best interest at heart. I would highly recommend him as a personal injury attorney. Thank you, Rafael Gonzalez!"

  • ANA QUIJANO

    I had an awesome experience with this law firm. Rafael Gonzalez and his team are great all the time take the phone. Answer questions, always ready to help you. Being in an accident is already so stressful, they would help you with everything you need: guide you with your doctors visits, give you an advise all the time. I strongly recommend them for ALL your situations. Love them!!!!

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    Attorney Rafael Gonzalez and his paralegal gave good customer service, very friendly, respectful and nice.

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    I was referred to Attorney Ralph Gonzalez to take care of injuries sustained from a car accident where I was rear ended. Not only did they make sure I got the care I needed, but were extremely professional and thorough in communication to explain the processes, follow ups, and expectations. Just closed the case after some time with a bigger settlement than expected, and I couldn't be happier with the treatment/services received from this office. Will 100% recommend to everyone. Thank you!

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