What Damages can You Recover from a Personal Injury Claim in Miami?
Suppose another individual or party negligently or intentionally caused your injuries. In that case, you have the legal right to file a claim for damages. Damages are the actual expenses related to an injury, and they are also the monetary translation of the losses, inconveniences, and other issues a personal injury claimant must face after their injury. The types and amounts of damages you can recover depend on the severity and types of injuries you suffer.
Compensatory Damages
There are two types of compensatory damages; economic or special and non-economic or general. Economic damages are your actual monetary losses related to your accident or injury. They include:
- Past and future medical expenses
- Damaged or destroyed property, such as a vehicle
- Legal expenses and attorney’s fees
- Domestic services such as childcare and housekeeping
- Prescriptions
- Medical equipment
- Lost wages and earnings
- Rehabilitation and therapies
- Transportation and travel costs
Economic damages are typically easy to value and calculate since they have a pre-determined value attached to them.
On the other hand, non-economic damages can be much more difficult to gauge due in part to their subjective nature. Non-economic damages include:
- Lost future earning capacity
- Physical pain and suffering
- Emotional distress
- Mental anguish
- Psychological trauma
- Post-traumatic stress disorder
(PTSD)
- Anxiety or depression
- Lost quality of life
- Loss of enjoyment of life
- Loss of consortium
- Loss of opportunities
- Inconvenience
- Humiliation
The value of these Damages Is Usually Determined by the severity of the injuries and how much the claimant receives in economic damages. When you hire a well-versed personal injury attorney, they can analyze your damages to determine what your cause might be worth. They will also work diligently to prove your non-economic damages, even though they are subjective.
Punitive Damages
All successful personal injury cases will end in compensatory damage. However, only a few will involve punitive damages.
While compensatory damages compensate victims for their losses, punitive damages punish the at-fault party for their wrongdoing. Under Florida statute, the court may award punitive damages only if the other party:
- Had a conscious disregard or indifference to the life, safety, or rights of others
- Knew their conduct was wrong and could cause injury
Do You Have a Personal Injury Claim?
If you were recently injured, you might be wondering if you have a personal injury claim. Consider the following questions:
- Was another person or party careless or intentional in causing your injury?
- Did you suffer an injury that required medical attention?
- Did your injury result in damages—such as medical expenses and pain and suffering?
Injured Parties who can answer yes to all of these questions likely have a valid personal injury claim. However, even if you can’t answer yes to all three of them, it’s always best to have a Florida personal injury attorney review the circumstances of your injury to be sure.
Common types of personal injury claims include:
- Car Accidents
- Tractor-Trailer Accidents
- Bus Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Boating Accidents
- Slip And Falls
- Other Premise Liability Claims
- Defective Products
- Dog Bites Or Other Animal-Related Injuries
Florida’s Pure Comparative Negligence Law
Florida subscribes to the framework of pure comparative negligence. Sometimes, an injury is partially the result of the injured party’s conduct. The good news is that under Florida law, if a judge or a jury finds the claimant partially liable for their damages, they can still recover compensation. The compensation they receive will be proportional to their degree of fault.
For example, suppose you weren’t wearing your seatbelt when a texting driver hit you. You didn’t cause the accident, but your injuries would likely be less severe if you had worn your seatbelt. In this case, the jury might assign you 20 percent fault for your injuries. If your total compensatory damages were valued at $100,000, you would receive $80,000. The other $20,000 would be deducted for your own negligence. A scenario such as this could happen in any type of personal injury claim.
Statistics About Personal Injury Claims In Miami
Accidents and other situations can lead to various personal injuries. In 2018 alone, visits to Miami area emergency rooms were for the following unintentional injuries across all ages:
- Drowning: 55 with 40 deaths
- Falls: 57,876 with 147 deaths
- Machinery-related injuries: 651 with two deaths
- Motor vehicle accidents: 21,073 with 344 deaths
- Struck by or against injuries: 18,727 with five deaths
Unintentional injuries were the sixth leading cause of death across all age groups in the same year,
With 862 Deaths Or 30.7 Per 100,000 Residents.
Why Work with Ceda?
After suffering an injury, you need medical care and legal assistance you can count on. In fact, getting medical attention and legal representation are priorities after suffering a personal injury. If you don’t get timely and appropriate medical care, you may never heal correctly. It could also damage your injury claim. Suppose you don’t get reliable legal representation as soon as possible. In that case, you could lose some of your legal rights and options.
You deserve dedicated medical professionals who will be there for you from diagnosis to recovery. You’ll find them at 388CEDA. Our professionals include:
- Board-Certified Orthopedic Surgeons
- Board-Certified Neurosurgeons
- Interventional Pain Specialists
- Chiropractic & Medical Physicians
Our Diagnostic Tools Include:
- Computerized Tomography/CT scan
- Magnetic Resonance imagining/MRIs
- Nerve Conduction Studies
- Chiropractic Treatment
- Interventional Medicine
- Orthopedic Treatment
Likewise, you deserve a competent and knowledgeable injury attorney who will take on your case, whether it can potentially end with a fair settlement or if it ends up inside a courtroom. At Ceda, we only work with experienced trial lawyers. While most cases end before getting to the litigation stage, it’s always best to be prepared if yours doesn’t settle. We can recommend experienced injury attorneys who will fight hard for justice on your behalf at your request. Call 1-800-388-CEDA to speak to one of our professionals and find out more about how we can help you get the quality medical care and competent legal representation you need.
388CEDA is not a law firm or an attorney referral service. 388CEDA does not provide legal advice, services, or legal representation to anyone including but not limited to visitors to this site or individuals/persons responding to our advertisements. In Florida, 388CEDA provides the following types of physician services: M.D., Orthopedic Surgeons, Anesthesiologists, General Practitioners, Nurse Practitioners, & D.C., Chiropractic Physicians that document and treat individuals that have suffered injuries. Results may vary and are not guaranteed. If you have any questions or need assistance, please call one of our agents at 388CEDA. We work with experienced attorneys.