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What Damages Can You Get in a Florida Personal Injury Claim?

— October 5, 2022

Convincing an insurance adjuster or a jury you deserve a 6 or 7-figure settlement is not easy. You cannot simply walk in there and say you’ve been in a lot of pain.

Tampa, FL – Personal injury law is an area of the law dedicated to helping those who are injured in an accident caused by someone else’s negligence. Most personal injury claims stem from motor vehicle accidents, but there are also cases involving premises liability, defective products, or medical malpractice. If someone failed in their duty of care toward others and acted with negligence, they can be held accountable for their wrongdoing. 

When do I need a personal injury lawyer?

If you have sustained severe injuries and considerable financial damages, then you should talk to experienced Tampa injury lawyers in Florida. 

On the other hand, if you were in a minor car accident, you probably don’t need a lawyer. With a small claim, there’s not much to negotiate with the insurance company anyway.

How much is a personal injury claim worth in Florida?

The value of a personal injury claim depends on factors such as:

  • The severity of your injuries
  • Potential short-term or long-term consequences
  • Your age
  • Your state of health before the accident
  • The amount of financial loss suffered

For instance, if a healthy young person remains with a permanent disability that will affect their quality of life and earnings for the rest of their lives, this is a case that calls for maximum damages available under Florida law. 

Here’s what type of compensation you are entitled to:

Economic damages

If you were injured in a car accident you can recover damages for your:

  • Damaged car (cost of repairing or replacing the vehicle)
  • Medical bills – hospital stays, visits to various doctors, rehabilitation therapy, medications, medical equipment for at-home care, alterations to your home to accommodate a wheelchair, etc)
  • Lost wages – both the wages you lost while recuperating after the crash and the earnings you stand to lose in the future if the nature of your injuries forces you to look for a less-challenging, less-paying job,

Non-economic damages

You deserve to be compensated for your mental and physical suffering. In Florida, there is no cap on most types of non-economic damages so you will need very good Tampa personal injury lawyers to present a convincing case. (In medical malpractice cases, non-economic damages are capped at $500,000, although there have been exceptions to the rule)

Convincing an insurance adjuster or a jury you deserve a 6 or 7-figure settlement is not easy. You cannot simply walk in there and say you’ve been in a lot of pain. Your lawyers may need to bring in medical experts to describe the severity of your injury, the type of pain they cause, and how it will affect you for the rest of your life.

Woman in pain; image by Matteo Vistocco, via
Woman in pain; image by Matteo Vistocco, via

Your lawyers may also invite friends and family to talk about how much your life has changed, how you were forced to give up on your favorite activities, how you’re unable to care for your children, etc.

Can I get punitive damages in Florida?

Under Florida statutes, you can get punitive damages if the liable party was guilty of “intentional misconduct” or “gross negligence”. For instance, if a driver with prior DUI arrests was blind drunk when he caused your accident, you may be able to ask for punitive damages. 

In such a case, you will have to file a lawsuit, and it’s not like your lawyer can go and ask for punitive damages straight away. You’ll need a skilled lawyer to first convince the jury that the defendant’s conduct was so outrageous they deserve to be punished for their actions. 

In Florida, punitive damages are capped at three times the value of your compensatory damages, or $500,000, whichever amount is higher.

Attorneys near me

If you were recently the victim of an accident caused by someone’s negligence or have other legal issues, you may be wondering where can I find attorneys near me. Don’t worry, help is just a few clicks away. Just follow the link and select the legal area you’re interested in, your state and your city, choose a lawyer, and schedule a free consultation. They’ll take care of your problem in no time.

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