Oct 9, 2024

What Are the 3 Types of Damages?

In Florida personal injury cases, victims may be entitled to different types of legal damages or compensation. These damages are intended to make the injured party “whole” again by covering their losses. Under Florida law, there are three main types of personal injury damages victims can recover—economic damages, non-economic damages, and punitive damages. 

Seek legal help after an injury from a trusted personal injury lawyer to pursue financial compensation.

Car

Economic Damages

Economic damages are the most straightforward type of financial compensation in lawsuits involving personal injury. They cover the actual financial losses that a victim has incurred as a result of their injury. These damages are designed to reimburse the injured party for medical bills, loss of income, and other quantifiable financial impacts. The goal is to restore the victim to the financial position they were in before the injury occurred.

Types of Economic Damages

  • Medical Expenses: This includes all current and future medical costs related to the injury. If the injury is severe, future medical expenses can be a significant part of the compensation for personal injury victims.
  • Lost Wages: If the injury has caused the victim to miss work, they may be entitled to compensation for lost wages. This also includes any future earnings that the victim might lose due to long-term disability or reduced earning capacity.
  • Property Damage: If personal property, such as a vehicle, was damaged in the incident, the cost of repairs or replacement can be included in the personal injury lawsuit.
  • Other Out-of-Pocket Expenses: This can include a wide range of expenses, such as transportation costs to medical appointments, hiring help for household chores, or any other additional costs incurred due to the injury.
  • Future aspects of economic damages are possible so long as permanency is established

Non-Economic Damages

While economic damages cover financial losses, non-economic damages are intended to compensate the victim for more subjective, non-monetary aspects of their suffering. These damages acknowledge that some losses cannot be easily quantified but are nonetheless real and deserving of compensation. Skilled personal injury attorneys may recover monetary compensation under personal injury law for these damages. 

Types of Non-Economic Damages

  • Pain and Suffering: This compensates the victim for the physical pain and emotional distress caused by the injury. The severity of the injury, the duration of pain, and the impact on the victim’s daily life are all considered when determining the value of pain and suffering damages.
  • Mental Anguish: Separate from pain and suffering, emotional distress damages compensate the victim for the psychological impact of the injury. This can include anxiety, depression, PTSD, and other mental health conditions that result from the incident.
  • Loss of Enjoyment of Life: If the injury has diminished the victim’s ability to enjoy life, whether by preventing them from participating in hobbies, social activities, or other enjoyable experiences, they may be entitled to compensation for this loss.
  • Loss of Consortium: In cases where the injury negatively affects the victim’s relationship with their spouse or family members, your personal injury attorney may recover damages for loss of companionship, affection, and support.
  • Future aspects of non-economic damages are possible so long as permanency is established

Punitive Damages

Punitive damages in Florida may be awarded only in rare personal injury cases. Unlike economic and non-economic damages, which are compensatory, punitive damages are intended to punish the defendant for particularly egregious behavior and deter similar conduct in the future. 

Limitations on Punitive Damages 

In Florida, punitive damages are not automatically awarded in personal injury or wrongful death cases. The court has to award them. Even when punitive damages are allowed, there are limits. According to Florida law, they cannot be more than three times the amount of compensatory damages or $500,000, whichever is higher. 

However, if the court determines that the defendant’s actions were driven solely by the desire for financial gain, the punitive damages in personal injury lawsuits can be up to four times the compensatory damages or $2 million, whichever is higher.

Examples of Economic and Non-Economic Damages in Florida Personal Injury Claims

Here are some of the compensatory, nominal, and punitive damages explained through examples. Your attorney can explain these damages during a free legal consultation when you seek fair compensation in a personal injury claim. 

Medical Expenses

  • Expenses related to hospital stays, surgeries, and medical treatment
  • Rehabilitation through physical or occupational therapy
  • Continued or long-term medical treatments
  • Counseling for mental health support
  • Devices needed for medical care
  • Equipment necessary for health management
  • Modifications made to your home for accessibility
  • Prescription and non-prescription medications
  • Co-payments for medical services
  • Transportation costs related to medical appointments
  • Charges for ambulance services

Wage-Related Losses

  • Loss of health insurance provided by your employer
  • Lost earnings, including wages, tips, and bonuses
  • Missed contributions to your 401(k) from your employer
  • Loss of future earning potential
  • Lost benefits like sick days, vacation pay, or other paid time off

Pain and Suffering

  • Persistent physical pain
  • Scars or permanent disfigurement
  • Loss of companionship or support (loss of consortium)
  • Diminished quality of life
  • Emotional distress or mental suffering
  • Feelings of embarrassment
  • Loss of dignity
  • Everyday inconveniences
  • Anxiety or fear about future health or safety

Our Florida Personal Injury Lawyers Will Fight to Recover Fair Compensation for You

If you have suffered an injury due to someone else’s negligence, Nunez Law, P.L. in Miami is ready to stand by your side. Our dedicated legal team will aggressively negotiate with the insurance company on your behalf for the compensation you may be entitled to. 

Let us handle the legal battle while you focus on your recovery. To schedule your free consultation, call us at 305-444-4407 or contact us online. Remember that at AccidentLawFirm.com, Our 5-Star Reviews Are No Accident!