Types Of Damages Available In A Key West Personal Injury Claim
Unfortunately, after an accident occurs due to another person’s negligence, losses are usually immediate and can have a lasting impact on an individual’s quality of life. Compensation for personal injury is crucial to a victim as it helps them pay their bills, especially if they cannot go to work because of their injuries. Why suffer just because another driver rear-ended you while texting and driving?
What types of damages can you be awarded in a Key West personal injury claim?
- Economic damages
- Non-economic damages
- Punitive damages
Economic Damages or “Special Damages”
Economic damages are an award to a plaintiff in an amount sufficient to compensate them for their actual monetary loss. Some of the most common forms of economic damages include:
- Past and current medical expenses
- Future medical expenses
- Lost wages
- Property damage
- Costs for household services, if, for instance, your injuries mean you have to hire a cleaner.
Generally, economic or special damages can only be awarded after you present direct proof such as receipts, bills, and invoices to verify your claims. Economic damages is the amount of money to replace what was lost and nothing more.
Non-Economic Damages or “General Damages”
Generally, non-economic damages are damages suffered on a personal level. Unlike economic damages, non-economic damages are not associated with out-of-pocket expenses. Non-economic damages include:
- Pain and suffering; both emotionally and physically
- Loss of enjoyment of life
- Loss of consortium
Non-economic damages are more difficult to prove when compared to economic damages. Because they are often not easy to prove, non-economic damages are usually considered in a different manner from economic damages. Hiring a skilled attorney who understands how to account for your non-economic damages can help you get the compensation you deserve. Additionally, in Florida car accident cases, you oftentimes must prove that you suffered a permanent injury to seek non-economic damages.
These damages are meant to punish defendants when their actions were inexcusably negligent, malicious, or intentional and deter other people from similar conduct in the future. According to Florida Statute 768.72, a defendant can only be held liable for punitive damages if it is determined that they are guilty of intentional misconduct or gross negligence.
Punitive damages are rarely awarded. But, if the individual that caused your accident was drunk driving, distracted driving, or otherwise recklessly driving, for example, you may be able to get an award of punitive damages with the help of your attorney.
According to Florida Statute 768.73, except in limited situations, an award of punitive damages cannot exceed the greater of the sum of $500,000 or three times the amount of damages awarded.
Allow Florida Keys Injury To Help You
Have you sustained a personal injury in a Key West car accident? Would you like to know the types of damages that may be available to you? Contact a skilled Key West & Marathon car accident attorney at Florida Keys Injury today to schedule a consultation.