Florida Mediation and Personal Injury Attorney


Personal Injury Damages You Can Recover in Florida

woman calling about personal injury damages
Our Daytona Beach injury lawyer offers an overview of the personal injury damages you can recover after an accident in Florida.

If you have suffered injuries from an accident that you believe resulted from another person’s negligence, you may have a right to obtain compensation. However, the damages you can recover will largely depend on the circumstances surrounding the accident and the injuries in question. As one of the first steps in getting fair compensation, you should understand the personal injury damages you qualify for and how to recover them with the help of a knowledgeable personal injury lawyer in Daytona Beach.

Types of compensatory damages you can recover in Florida

Compensatory damages are a monetary remedy awarded to a plaintiff as compensation for injuries and incurred losses. There are two types of compensatory damages recoverable in Florida: economic damages and non-economic damages.

Economic damages

Economic damages are any losses associated with the accident that can be established in monetary terms with tangible proof such as written bills or paychecks. These types of damages have no caps and include:

  • Medical expenses: These refer to all costs incurred in treating the victim’s injuries and should include all present and future treatment expenses according to the doctor’s prognosis. 
  • Lost wages: This type of damage accounts for all wages (present and future) lost if your nature of injuries keeps you from working. 
  • Property damage: Property damage considers total losses on  property damage, including the cost of repairing or replacing a car or any other property damaged in the accident.
  • Other expenses: Other expenses may arise due to your injuries and must be factored in when calculating the amount of compensation. These costs may include the cost of renovations to accommodate your new lifestyle or the cost of hiring a person to help with the chores while you recover.

Non-economic damages

These are damages that do not have a monetary value attached to them. Non-economic damages are usually harder to quantify and prove than economic damages since there are no bills to ascertain the cost. Non-economic damages include:

  • Physical pain
  • Emotional anguish
  • Loss of enjoyment
  • Loss of companionship
  • Loss of consortium

Punitive damages

These are damages awarded by the court to the plaintiff as a punitive measure to the defendant for intentional misconduct or gross negligence that resulted in the plaintiff’s injuries. Gross negligence is defined as reckless conduct that exhibits a willful disregard or indifference to the safety and rights of others. An excellent example of gross negligence in Florida is drunk or distracted driving that results in an accident. Unlike other types of damages, punitive damages are limited to up to three times the amount of economic damages or $500,000, whichever is greater.

Maximizing your compensation for your personal injury claim in Florida

medical exam for personal injury damages
To improve your chances of receiving the fullest amount of compensation after an accident, seek immediate medical attention.

In a personal injury claim, the burden of proof lies with the plaintiff. Recovering a fair amount of compensation largely depends on the strength of your case. Here are a few tips on maximizing the value of your compensation:

  • Seek immediate medical attention: It’s always a good idea to see a doctor immediately after an accident. Some injuries take some time to show and may take a skilled physician to establish the full extent of your injuries. Additionally, medical reports and bills act as evidence in your personal injury lawsuit and can be used to determine the nature and the extent of your injuries. 
  • Collect evidence: If you can, collect as much evidence as possible at the accident scene. Evidence could be in the form of photo and video footage of the accident scene, witness statements, and police reports.
  • Don’t accept a first settlement offer from insurance companies: Insurance companies exist for-profit and can only increase their bottom line by minimizing their payouts. When you are in a rush to settle, you will risk losing out on the full amount of your rightful compensation. It is always important to let your attorney do the negotiations until they can confirm that the offer you are presented with is fair.
  • Work with an experienced personal injury attorney: Navigating a Florida personal injury claim as a layman can be complicated. It is therefore vital to work with an experienced Daytona Beach personal injury lawyer to improve your chances of fair compensation.

Our Daytona Beach injury lawyer will fight aggressively to recover all your personal injury damages

If you have suffered a personal injury due to someone else’s negligence in Florida and are considering filing a personal injury claim, an experienced Daytona Beach personal injury lawyer at Rick Kolodinsky, P.A., can help. With over three decades of fighting for the rights of injured Florida residents with outstanding results, you can be assured of the best possible outcome when you work with our firm.  Give us a call at 386-200-1866 or contact us online to schedule a free consultation today.

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Mr. Kolodinsky has been honored by his induction into this prestigious nationwide organization of trial lawyers. Of some 900 lawyers in Volusia Country there are four lawyers so honored.

- American Board of Trial Advocates
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