Common damages awarded in a Florida car accident case

If you are injured in a Florida car accident, here are some categories of compensation you may be entitled to receive. 

Because the Sunshine State is one of the most dangerous places to drive (especially in the Tampa Bay Area, where the high population of seniors and tourists, crowded conditions, and high distracted driving rates contribute to an increasing number of collisions), it is important to be prepared for the possibility of an accident. Car accidents can be devastating life events that no one ever wants to experience, and potentially cost you thousands of dollars in vehicle repair/replacement and medical bills. When you file a personal injury claim with an expert local attorney, however, you may be awarded a financial amount (either in a settlement with an insurance company or by a jury) that can help cover all or a majority of the costs. 

You may wonder just how much your case is worth. While the exact amount varies depending on the specific circumstances of your accident and other factors, such as knowing the type(s) of damages you are eligible to receive could give you a better idea about the viability of your case!

The word “damages” refers to how much money your injuries have or will cost you. The person or entity responsible for your accident (the defendant or the defendant’s insurance company) will pay the damages either after your lawyer has negotiated a settlement or a judge has issued a court order. 

Types of damages in a personal injury case

Compensatory

Damages that fall under this classification are meant to compensate you for anything the accident took from you. A dollar value is placed on the consequences of your car crash. The goal of compensatory damages to return everything to “normal” from a monetary perspective, at least to the extent that that is possible (in some cases, an accident may change your life so totally that regaining “normal” is not an option). 

There are many different types of compensatory damages, some that are more commonly awarded than others because they are simpler to quantify. 

Medical treatment

This can include the cost of doctor visits, hospital stays, MRIs and other imaging tests, surgeries, and more.

Cost of future medical care

The impact of some injuries will last a lifetime; if your injuries require physical therapy, medications, protheses, or more surgeries and other treatments, those amounts can be included in a settlement.

Lost wages

After an accident, you may not be able to return to work for a brief period while you recover (for example, if you break your leg, you may miss a couple weeks at work, depending on your job). The wages you would have earned during your absence would be factored in to the total damage amount.

Future lost wages/ Loss of earning capacity

If the injuries caused by the accident are permanent, you may miss out on future career advancement opportunities, be forced out of your career entirely, or no longer be able to work at all. Damages can account for income that you would have been able to make if not for the collision.

Cancellations

If you had a vacation or other travel planned, and are no longer able to go because of your injuries, damages can include scheduled airfare, excursions, cruise tickets, or other travel costs.

Property loss

If your car was damaged/totaled in the accident, or other personal items were damaged, the cost to replace or repair your vehicle and your property will be factored in a settlement.

Pain and suffering

If your injuries caused/are causing you intense discomfort or ongoing pain, a compensatory award may be included with other damages.

Emotional distress

Not all harm that is sustained in an injury is physical. Victims of serious car accidents often experience sleep loss, anxiety, fear, grief, or other more severe disorders like PTSD. This compensation may be included in pain and suffering damages or may fall under a separate amount, depending on the extent of the mental turmoil.

Loss of enjoyment

If the accident prevented/is preventing you from participating in activities, hobbies, or exercise, you may receive these damages.

Loss of consortium

These damages are related to plaintiffs’ relationships, primarily with a spouse but sometimes with a child. If the injuries incurred are so severe that a sexual relationship or companionship is no longer possible, this compensation may be awarded in a settlement.

Punitive 

Damages that fall under this classification are meant to punish the defendant when their actions were intentional, malicious, or inexcusably negligent. Punitive damages may not only provide a sense of retribution to the injured victim, but also stand as an example to discourage future would-be perpetrators from making the same mistakes/decisions. 

While punitive damages are not often awarded in car accident cases, because drivers are not usually intentionally reckless, there are some instances that this type of compensation could be awarded. 

For example, if two drivers were racing each other, and one hit another vehicle and seriously injured that driver, that might be a case where punitive damages are awarded… but if a driver was simply speeding, and hit and seriously injured another driver, punitive damages would not be sought. If a trucking company knowingly put defective semis on the road, and one of them malfunctioned and caused an accident that resulted in serious injuries, punitive damages may be sought in order to hurt the large company and deter other trucking companies from making the same mistake. 

Most states cap punitive damage awards, including Florida. Florida limits punitive damages in car accident cases to either three times the amount of the compensatory damages or $500,000, whichever amount is greater. If the actions of the defendant were motivated by financial gain (unlikely in car accident cases, but the trucking company example mentioned above could fall into this category), Florida law allows for punitive damages up to four times the amount of compensatory damages or $2,000,000, whichever is greater. 

Wrongful death 

When a car accident causes the death of a victim, it is tragic, but can also be financially burdensome to the family or loved ones that the deceased left behind. Wrongful death awards can include funeral costs, burial/cremation expenses, loss of financial contribution, loss of companionship/consortium, emotional distress of surviving family/loved ones, and more. 

After an accident, it’s important to contact a skilled local attorney who can help you understand your legal options for pursuing damages in a settlement, or in court if need be. They can also help ensure that you collect a fair amount based on your injuries. 

The Florida Law Group has over 100 years of experience litigating Florida car accident cases and obtaining maximum compensation for our clients. We are nationally recognized for our work by numerous publications and organizations, including 20/20, CBS, The New York Times, Super Lawyers® list for Florida, the National Trial Lawyers Top 100, the National Institute of Trial Advocacy, and the Best Lawyers in America®, among others. Our lead attorney, Chris Limberopoulos, is a National Board Certified Civil Trial Specialist, which is a certification that only 1% of lawyers in the state of Florida has achieved. We are confident that we can help you recover damages and get justice! Contact us today for a free case evaluation.