Have you or someone you know recently suffered a personal injury due to someone else’s negligence, malpractice, or lack of care for your safety? The injury may be dire enough for you to consider filing a claim for all the damages. Let’s see the types of damages you can claim in a Florida personal injury lawsuit.
Several situations can warrant you suing someone for causing a personal injury. Many people wonder whether it is worth it. Many wonder what they may be able to seek in compensation if they file a personal injury lawsuit.
Personal injury law differs slightly in every state. This post will help you understand the damages you can claim if you are considering filing a personal injury lawsuit in Florida to help you decide whether it will be worth it.
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Understanding Punitive and Compensatory Damages
The compensation in personal injury lawsuits falls into two general categories: punitive damages and compensatory damages.
Punitive damages are only awarded to the claimant (the person filing the lawsuit) when the defendant’s behavior (the person or party you have filed the lawsuit against) particularly warrants severe reprehension. Let’s explain that with an example.
Suppose that a company has been making products that it knows are dangerous and chose to bury that information to continue selling it. A deliberate act like this can lead to significant damage and make a strong case for claiming punitive damages. The company responsible for it will be ordered by the court to pay punitive damages.
Punitive damages are designed to punish the defendant and deter others from doing similar actions. Punitive damages are rare because they can be far more challenging to prove, especially in civil cases, such as personal injury claims. The defendant would have had to act with gross negligence or reprehensive conduct to obtain punitive damages.
Compensatory damages are a far more common affair. These are damages that can be established with tangible proof, such as written bills, paychecks, lost income, and much more. It is generally much easier to make a successful claim for compensatory damages because it presents a clearer picture of the amount that should be awarded to the claimant.
Types of Damages You Can Claim in a Florida Personal Injury Lawsuit
In this post, we will discuss what you can claim when filing a personal injury lawsuit in Florida. Remember that compensatory damages are given with the goal to pay you back for some kind of harm you have suffered. In most cases, this harm can be calculated, while it may be debatable in other cases.
Here are the reasons that you can be awarded compensatory damages for when you file a personal injury lawsuit in Florida.
You can be reimbursed for the medical expenses you incurred for the treatment you received because of the injury. It can cover all the medical bills for the treatments you have received thus far, but that is not where it ends.
Approximate Cost of Future Medical Bills
If you have sustained significant injuries and you will require ongoing medical care for a long time, the defendant is liable to compensate for your future expenses related to the injury as well. You can expect medical experts to be involved in providing a better estimate for the cost of future medical bills. A qualified personal injury lawyer will help you obtain the best possible estimates for this.
Any Related Household Expenses
If the nature of your injuries makes it challenging or impossible for you to get around and handle regular household duties, you may need to hire help to take care of them. Hiring someone for anything from tasks such as cleaning the house, doing the laundry, or even mowing the lawn can be covered through this compensatory claim.
Costs Related To Changed Plans
Suppose that you had plans for a trip to another country, but your injuries have left you in the hospital and unable to travel. In that case, Florida injury law can let you claim compensation from the negligent party, and they may be liable to cover any expenses that can come with the changed plans.
You can claim lost income for the time you have been unable to work due to the injury. Suppose that you were in the hospital for eight weeks to recover from the injuries. That is almost two months of income you have lost. The party responsible may be liable to pay those costs.
Future Lost Income
Suppose that the injuries you have incurred are severe and make it impossible for you to return to work for a long time. The negligent party may be responsible for compensating you for it. Depending on the merits of the case, the defendant may be instructed to pay for all the earnings you would have made for the time you could have worked if they did not injure you.
Loss of Services and Support
Suppose that your spouse was a homemaker and took care of your children before he or she passed away. Now that your spouse is no longer there, and you cannot take care of them yourself, you may have to hire a professional to handle those tasks. This is also an expense that you can claim in a Florida personal injury lawsuit.
Are You Looking to File a Personal Injury Lawsuit in Florida?
Understanding what you can claim in a personal injury lawsuit can help you maximize the compensation you deserve through a settlement or trial. In either case, working with a qualified personal injury lawyer in Florida gives you the best chance to seek the most out of the lawsuit.
Having a personal injury lawyer for your case can help you determine whether the settlement being offered to you is adequate – which rarely happens. Insurance companies try to pay out as little as they can in personal injury cases. If your case goes to trial, they will have the legal representation necessary to get them off the hook with as little amount of money as possible.
The legal process in Florida, similar to other states, is complex, and it can become overwhelming to try to win your case without professional help. Fortunately, the attorneys at Frankl & Kominsky Injury Lawyers can help.
The lawyers in their team specialize in personal injury claims fort lauderdale and have an impressive track record of helping their clients pursue the best possible outcomes for their lawsuits. Consider working with them to better understand the types of damages you can claim in your personal injury lawsuit and maximize your compensation.