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Understanding Damages in Florida Personal Injury Cases

ambulanceEvery day, people are injured throughout the state of Florida in various types of accidents. If you or someone close to you has been injured in an accident that was not your fault, you may be entitled to compensation for your harm. Calculating damages, however, is not an easy task, which is why it is advisable to consult a qualified Miami injury attorney who can assess the merits of your case.

Individuals can be injured in a variety of ways, including car accidents, motorcycle accidents, truck accidents, slip and fall accidents, pedestrian accidents, boat accidents, and more. Once an injured party has established that the party responsible acted in a negligent manner, the injured victim will need to show damages. Damages refer to all financial and emotional expenses related to an individual’s injuries. If an individual cannot demonstrate financial or emotional costs that were suffered, that individual will not be able to recover any compensation, no matter how negligent the defendant was. Put another way, there has to be harm for there to be a recovery.

Damages in Florida personal injury cases can be categorized into two broad categories:  tangible and intangible damages. Tangible damages, often referred to economic damages, are damages that pertain to quantifiable financial costs. Intangible damages, often referred to as non-economic damages, are those that are psychological in nature and cannot be quantified in the same way that economic damages can be.

Some examples of tangible damages include medical bills, emergency transportation costs, physical therapy and rehabilitation costs, lost income and benefits, and property damage. Examples of intangible damages include loss of consortium, loss of enjoyment of life, pain and suffering, mental anguish, and disfigurement and physical impairment.

As you may expect, demonstrating intangible damages is much harder than showing tangible damages. Evidence for the former may include reports from health care professionals and counselors, testimony from loved ones, and other forms of evidence. There is, however, no exact standard for measuring or demonstrating intangible damages. There are many factors that affect the ultimate settlement value of an injury claim.

It is important to note that non-economic damages, economic damages, and punitive damages comprise the damages that an individual may be able to recover in a Florida personal injury case. Punitive damages are not designed to compensate the victim. Instead, they are intended to punish the wrongdoer. Thus, punitive damages are quite hard to obtain. These damages will typically only be awarded in cases where the at-fault party displayed extreme recklessness or negligence.

Our highly skilled Miami personal injury lawyers represent individuals hurt in Florida accidents. The question of damages in any injury case is a complex and critical one which is why it is wise to have an experienced attorney on your side. At the Law Offices of Robert Dixon, we proudly represent clients throughout South Florida. We are here to answer your questions and address your concerns. To learn more about your rights and options, feel free to contact us online or call us today at 1-877-499-HURT (4878) for a free, confidential consultation.

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Injuries at Amusement Parks in Florida, South Florida Injury Lawyer Blawg, June 10, 2015