Defining damages for compensation from a car accident
In the state of Florida, there are two types of damages considered by the courts in a claim. They are economic damages, and non-economic damages. There are general caps on compensation awarded by a court for these types of claims.
Economic damages, also referred to as special damages, include actual costs of an injury such as medical expenses, or lost wages. There is no cap on these types of pain and suffering claims. In the alternative, non-economic damages, also referred to as “general” damages, are damages which cannot usually be seen. They may include present and future pain and suffering. One example would be the loss of enjoyment of life, many times caused by depression. The state of Florida places a cap on these types of claims of $500,000 for medical malpractice, and $200,000 on claims against state and federal governments.
Most damages resulting from a car accident will be considered economic in nature, thereby having no cap. It is of utmost importance that all evidence proving these claims be preserved after an accident. An experienced car accident attorney can assist in making sure that no stone goes unturned in building an effective case for pain and suffering compensation.
Further, an attorney can assist a party in preparing such a case for presentation to a jury. It is important that the information be presented in such a way that the severity of any injuries are realized and taken into consideration. Other factors that may be taken into consideration are age of the victim, potential ongoing consequences, and the actual proven amount of economic loss. These types of cases are very often long and tedious, involving massive amounts of paperwork and research.
Last, but certainly not least, there are statute of limitations on pain and suffering claims. For this reason, it is highly advisable that any party involved in a car accident immediately consult an experienced attorney.
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