The purpose of a personal injury claim is to make you 'whole' again after an accident. While money cannot undo physical pain or trauma, it is the only remedy the law provides. In Florida, 'damages'...
The purpose of a personal injury claim is to make you 'whole' again after an accident. While money cannot undo physical pain or trauma, it is the only remedy the law provides. In Florida, 'damages' is the legal term for the money you can recover. These fall into two main categories: compensatory damages (economic and non-economic) and, in rare cases, punitive damages.
Economic Damages: The Hard Costs
These are the financial losses you can prove with a receipt or a pay stub. They include: Past and future medical expenses (surgeries, therapy, meds), lost wages (time off work), loss of future earning capacity (if you can't return to your old job), and property damage (repairing your car). Calculating future costs often requires economic experts.
Non-Economic Damages: The Human Cost
These damages compensate you for the intangible impact of the injury. This includes 'pain and suffering,' mental anguish, disfigurement, physical impairment, and inconvenience. In wrongful death cases, it includes the loss of companionship and protection. These are often the largest part of a settlement.
The Permanent Injury Requirement
Crucially, in Florida car accident cases, you generally cannot recover non-economic damages (pain and suffering) unless you have suffered a 'permanent injury.' This is a specific legal threshold. Without a doctor certifying your injury is permanent, you may be limited to just your economic losses.
Punitive Damages
These are designed to punish the defendant for intentional misconduct or gross negligence (like drunk driving). They are rare and have a high burden of proof.
Maximizing Your Recovery
To get full value, you need to document everything. Keep a pain journal. Save every receipt. Follow your doctor's orders. The more evidence we have of how the injury has changed your life, the more damages we can demand.
Contact Emas Law Group Today
You shouldn't have to pay for someone else's mistake. Emas Law Group fights to ensure every single loss—financial and emotional—is accounted for in your settlement. We leave no stone unturned in calculating the true cost of your injury.
Frequently Asked Questions
Is there a cap on damages in Florida?
Generally, no. There are no caps on economic or pain and suffering damages in most personal injury cases (medical malpractice has some exceptions).
Can I recover for my spouse's suffering?
Yes, this is called 'Loss of Consortium.' Your spouse can sue for the loss of your companionship, services, and affection due to your injury.
What if I had a pre-existing condition?
You can still recover damages if the accident aggravated or worsened your pre-existing condition.