Florida allows for a variety of damages to persons injured in car accidents. Damages can be categorized into two categories, compensatory and punitive. Compensatory damages are designed to compensate individuals for the damages they have incurred. Punitive damages are designed to punish egregious conduct or to deter others from acting the same way. While compensatory damages are frequently sought, punitive damages may only be sought in special circumstances. This article focuses on compensatory damages. Read our blog article on punitive damages to learn more.
ECONOMIC DAMAGES
Economic damages are damages that result for the economic loss of a party. These are damages which may be easily calculated. Economic damages include:
1. Medical debt incurred, or expected to be incurred in the future;
2. Wage loss; and
3. Loss of service or support.
While loss of income and medical bills may be obvious to most, even the expenditure of having to hire someone to perform a task the injured part was previously able to do is considered an economic loss. Examples of this may include hiring a landscaper to assist with lawn maintenance or hiring a housekeeper to assist with household chores which the injury victim is no longer able to do.
If you have sustained economic damages as a result of your car accident, make sure you keep evidence of the same – such as receipts of payments or contracts entered into. These will assist you in establishing financial loss due to the crash. If you are claiming wage loss, necessary documents establishing the same may be obtained through your employer.
NON-ECONOMIC DAMAGES
Non-economic damages include those damages which are not considered economic loss – those damages outside of monetary loss. Common non-economic damages include:
1. Pain and suffering;
2. Disfigurement and scarring;
3. Inconvenience and embarrassment;
4. Loss of the enjoyment of life;
5. Emotional Distress; and
6. Loss of consortium.
Unlike economic damages, non-economic are not easily calculated. While there is no easy calculation, too many resources incorrectly value non-economic value at 1.5-3 times the medical bills. This is not a good measure by which to non-economic damages and will often result in an injured party receiving less than a full and fair recovery on their claim.
PROPERTY DAMAGES
Property damage is the last type of compensatory damage. While it is an economic loss, we separate it out here due to its many subcomponents. A significant component of what types of property damage are available depend on whether your vehicle is repairable, or a total loss.
Property damage can include various damages, such as:
1. Cost of repair of the vehicle;
2. Diminished value of vehicle (available only where vehicle repaired);
3. Loss of use;
4. Rental; and
5. Total loss.
Oftentimes, insurers will not voluntarily offer some of these damages – specifically loss of use and diminished value. However, these are damages available to persons whose vehicle was damaged and/or unavailable due to repairs or total loss.
WHAT IS THE STATUTE OF LIMITATIONS TO BRING AN INJURY CLAIM IN FLORIDA
The statute of limitations is the time in which you must file your case in court. If you fail to do so, your claim may be forever barred.
The statute of limitations will depend on the date your injury occurred. If your injury occurred on March 23, 2023 or before, your statute of limitations is 4 years.
If your injury occurred on or after March 24, 2023, your statute of limitation is 2 years.
The reasons for this change is that on March 24, 2023, Governor Ron DeSantis signed HB 837 which fundamentally changed Florida’s injury victim’s rights. As part of this new law, the statute of limitations was cut in half – from 4 to 2 years.
CONTACT A ALTAMONTE SPRINGS CAR ACCIDENT ATTORNEY
The best way to determine the value of damages in your case is through a free consultation with an Altamonte Springs car accident attorney. Attorney Justing Presser has been fighting for injury victims for over 17 years. With offices in Altamonte Springs and Deltona, Presser Law, P.A. represents car accident victims throughout Central Florida.
Preserve your rights, protect your claim. Contact Presser Law, P.A. today at 407-216-2000 or visit our website for a free consultation and learn how we can assist you in obtaining a full and fair resolution of your claim.
to contact If you have been injured in a car accident, you need to speak with a law firm which specializes in car accidents – such as Presser Law, P.A. With over seventeen years’ experience, Justin Presser has assisted in helping thousands of car accident victims receive full and fair recovery on their claims.
Florida Statute § 768.72 provides that “no claim for civil damages shall be permitted” unless and until there is a reasonable showing by evidence which would provide a reasonable basis for such damages. The statute goes on to state that before a driver may be held liable for punitive damages, the trier in fact, based on “clear and convincing evidence” must find the driver personally guilty of intentional misconduct or gross negligence.
So, what types of facts may a driver who caused a car accident find themselves exposed to punitive damages? There is no hard and fast list to determine whether punitive damages would be applicable. However, the courts have found punitive damages applicable where a driver is
1. Operating their vehicle under the influence of illegal drugs or alcohol;
2. Operating their vehicle when not medically cleared to do so;
3. Operating their vehicle under the influence of prescription drugs;
4. Operating their vehicle while texting or on their phone.
