What Damages Can I Recover if I was Injured in a Car Accident?

What Damages Can I Recover if I was Injured in a Car Accident?

Injured car accident victims can claim compensation for economic and non-economic damages. 

Summary

• Following a personal injury accident, injured accident victims can seek compensatory damages to address their losses.
• General or non-economic damages acknowledge emotional and intangible costs, such as pain and suffering.
• Economic damages provide financial relief for monetary costs such as medical bills and lost wages.
• Determining the value of a personal injury claim requires evaluating the monetary worth of the victim’s compensatory damages.
• Courts rarely award personal injury plaintiffs punitive damages, which are capped under Florida law.

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Car accident injuries can inflict considerable financial hardship and mental strain on an individual. Oftentimes, the only way to fully offset these unexpected expenses is to file a car accident claim. 

Many of our clients don’t realize the scope of economic and non-economic damages that Florida law has deemed compensable, which is where our car accident attorneys can be a valuable resource.

At Jones Law Group, our team can help you identify all of the damages that qualify for reimbursement, as well as the possible sources of compensation. Reach out to us at (727) 571-1333 or go through our contact form to schedule a free consultation.

The Basics of Damages in a Car Accident Claim

If you have been in a car crash, you are probably wondering how much money you are entitled to receive from the person that caused the accident and your injuries.

First of all, it really is not the person the caused the car or motorcycle accident, but their insurance company that will pay you the personal injury damages to which you’re entitled.

The types of damages you suffer in a car accident can be non-economic which are sometimes called general damages, or they can be economic damages which are sometimes called special damages.

In rare cases, punitive damages may be awarded to the injured person. When you hear a personal injury attorney talking about damages, they are really just talking about money.

Non-Economic or General Damages

These are the damages that are hard to calculate. Non-Economic or General Damages include pain and suffering, emotional distress, loss of companionship and even inconvenience.

What is pain and suffering worth? This is a crucial question because it is one of many factors that affect a claim’s value.

For instance, let’s assume you have been in a motorcycle accident and broken your wrist. When the attorneys from Jones Law Group summarize the case for the jury or even then insurance adjustor, that attorney will be asking for an award of pain and suffering.

Clearly, the pain at or near the time of the accident will be intense, but what is the value of that claim?

Calculating Pain and Suffering in a Car Accident Claim

Courts generally separate pain and suffering into two separate categories: Past pain and suffering and future pain and suffering. Most people can easily relate to the past pain and suffering. Everybody has suffered a painful event and can remember it hurting.

They can remember the pain and inconvenience of trying to live daily life with that injury. Jurors find it easier to attach a value to that with which they can relate. However, depending upon the age of the accident victim, future pain and suffering is where most of the damages may lie.

Projecting the Future Value of Pain and Suffering

The future pain and suffering presents a unique challenge to attorneys and jurors alike. If the jurors are not living with constant or regular pain, they may not understand the challenges it presents.

In our motorcycle accident scenario in which the rider suffered a broken wrist, it is likely the motorcycle rider will suffer arthritis in that wrist, including pain before it rains. There are a host of other issues a person suffers a broken wrist in an accident is likely to experience for the rest of their lives.

How does a jury put a value on that? If the person who suffered the injury was 25 years old, you want the jury to know that your client will be living with that pain for 50+ years (according to actuary tables). That daily pain for almost 20,000 days or twice as long as the victim has been alive. The attorney could:

• Ask for a daily monetary number.
• Ask for an amount equal to medical bills.
• Or, the personal injury attorney could simply provide the jury a lump sum figure.

There is no singular correct answer as it has to be evaluated on a case by case basis. What works for one client and one jury might not for another.

Economic or Special Damages

Economic or special damages are the damages that can be easily calculated because values can be assigned. Medical bills, lost wages, property damage, costs spent on medication or costs spent on obtaining rides to and from work or medical appointments are all examples of economic or special damages.

However, just because economic damages can be calculated does not mean the insurance company will pay the amount demanded.

How Insurance Companies Dispute Economic Damages for Medical Care

After getting into an accident caused by a negligent driver, you will likely accumulate medical bills. If we again return to our example of the injured motorcycle rider who suffered the broken wrist and assume he was transported to the hospital via ambulance where he received surgery on his broken wrist.

After being released from the hospital where he very likely will have medical bills in excess of $75,000.00, he will be facing months of physical therapy and rehabilitation appointments. It would be easy for the at fault party or their insurance company to pay those bills, but they will not do that.

Instead, they will challenge the bills as being unnecessary or excessive. They will try and confuse the jury by using rates paid and negotiated by insurance companies to which the average person does access.

When you file a claim, it is likely the insurance company will try to give a lowball offer and tell you the doctors will take less money. However, they do not pay the medical bills or negotiate them down for you. Consequently, that can leave you in the unenviable position of owing more money than you receive.

The personal injury attorneys at Jones Law Group will fight this unethical behavior by the insurance companies. We will get you every cent to which you are entitled or is available under the insurance policy. Our attorneys will also assist you in resolving your medical bills often times saving you thousands of dollars.

Settlement Calculators are Unreliable for Car Accident Damages

If your personal injury attorney claims they can tell you exactly what your car accident case is worth, run. Each case is different because each injury is different. Car accidents can cause concussions, broken bones, whiplash, and a host of other injuries.

In fact, each plaintiff is different. Two people can have the same injury, but vastly different responses to that injury. Let’s go back to the motorcycle accident we discussed throughout this article.

After breaking their wrist and undergoing surgery, one person might heal very quickly and not suffer any long term issues, such as arthritis. Meanwhile, another with the same injury might take significantly longer to heal and experience permanent pain, reduced range of motion and experience other degenerative conditions.

There is no one size fits all for calculating damages because each injury is different.

Why Use a Personal Injury Lawyer to Determine What Your Claim is Worth

Also, at the end of the day, if your case goes to trial your injuries are worth what a jury calculates them to be worth. Therefore, you need a personal injury lawyer that understands what strategies that may work for one jury may not be effective with another.

Personal injury lawyers who have settlement calculators are their websites trying a one size fits all approach to fighting for their clients. You can rest assured they will not see you and your case any differently than they see every other client they claim to “fight” for.

Punitive Damages

All of the damages discussed herein have a common purpose to compensate the victim in an auto or motorcycle accident. They are meant to try and “return” the victim to the same point they were prior to the accident.

Pain and suffering cannot be taken away, so the victim is compensated with money. Punitive damages, on the other hand, are designed to punish the wrong doer. They are paid to the victim, but they are designed to deter intentional or reckless behaviors or actions motivated by malice.

The Challenges of Trying to Recover Punitive Damages in a Car Accident Claim

The award of punitive damages in Florida is an extraordinary measure discussed in Florida Statutes § 768.72. It requires the defendant have engaged in intentional misconduct or gross negligence.

Although, usually not available in personal injury cases, due to its nature impaired or drunk driving is a situation in which punitive damages are available for injured plaintiffs. However, insurance companies do not have to pay any punitive damage awards.

The rationale of Florida courts is a person has no right to shift blame for their reckless behavior to another. What does this mean for you if you have been injured by a drunk driver?

Unless the impaired or drunk driver has substantial assets, you will not be able to collect any punitive damages. At Jones Law Group we run asset searches on defendants to make sure we have left no avenue of recovery unexamined.

Wrongful Death

What is wrongful death in a car accident? Wrongful death is defined as the death of one person caused by the wrongful act of another. It differs from murder or manslaughter in that it is a civil action as opposed to a criminal case. Wrongful death claims can be based upon intentional acts or negligent acts.

What are the elements of a wrongful death case?

1. A life was lost.
2. The life that was lost because of the actions of another.
3. The action which caused the loss of life was either intentional or negligent.
4. There are survivors financially harmed by the loss of life.

What are Wrongful Death Damages and Who Can Recover Them?

Florida law limits the people that can recover in a wrongful death action to the spouse, children, parents, and blood relatives who were dependent financially on the decedent. The types of wrongful death damages that are recoverable are governed by the same statute.

Medical and funeral costs are recoverable. If the deceased provided support for the claiming individual lost future income may also be claimed. Additionally, family members can make claims for loss of companionship and emotional loss.

Why You Should Let Jones Law Group Help Recover Damages if You Were Injured in a Car Accident

At our firm it’s our belief that evaluating each case on an individual basis produces the best result for our clients. We handle your personal injury case differently than many of the bigger firms that are constantly advertising on TV (or on a bus).

These firms are constantly advertising in order to attract new clients because their old clients won’t refer them new business. At Jones Law Group we rely on referrals from our current and former clients. Our clients can reach their attorney 24 hours per day. Each client has their lawyer’s cell phone number.

To put it simply, your case is treated on the basis of its own merits. We will carefully evaluate and discuss each facet of your case to determine what your car accident claim is worth. If we can obtain a better result by going to trial, then we will take the case to trial.

Contact Jones Law Group to Talk to Our Car Accident Attorneys

Your consultation is free. We understand that after you have been involved in an accident, you may be without transportation or unable to make it to our office. A car accident lawyer from Jones Law Group is always available to meet you at the location of your choosing.

While we are conveniently located in St. Petersburg, we have successfully litigated cases in St. Petersburg, Clearwater, Tampa, Bradenton, Sarasota, Fort Myers and throughout the State of Florida.

At Jones Law Group, our law firm believes that our client’s success determines our own. It is our goal that you feel like an important client. Therefore, we strive to provide the personal attention to which you are entitled.

We understand how difficult the decision is to hire a personal injury attorney. With Jones Law Group, you can rest assured knowing you have a skilled and experienced team behind you to support your case. Contact us online or call us today at (727) 571-1333.

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Frequently Asked Questions

Does Florida cap the amount of compensation injured plaintiffs can recover for damages in a car accident claim?

Florida does not cap economic damages in personal injury cases, nor does it limit non-economic damages in most types of claims. The exception is medical malpractice claims; injured plaintiffs may encounter specific caps on non-economic damages that vary by practitioner status. 

Therefore, there should not be a cap on the compensatory damages you can recover if you were injured in a collision and decide to pursue a car accident claim.

As for punitive damages, Florida limits the amount injured plaintiffs can recover. The maximum you can recover in punitive damages is 3 times the value of your compensatory damages or $500,000, whichever one is higher.

What kinds of experts can I use in my car accident claim to recover damages?

Expert witnesses are often key in helping injured plaintiffs recover damages in car accident claims. They can provide a credible perspective and specialized insight that demonstrates the validity and value of the accident victim’s damages.

Expert witnesses in a car accident case may include an:

• Economist
• Accident reconstructionist
• Healthcare provider
• Psychologist 

How likely is it that my car accident claim will go to trial?

Taking a car accident lawsuit to court is the exception, not the norm. About 95% of personal injury claims are resolved before the parties go to trial. Even after a car accident lawsuit is before the court, the parties can still negotiate a settlement deal before the judge issues a ruling.

Generally, plaintiffs and defendants alike want to avoid a trial for a car accident claim. Trials are often expensive and lengthy, not to mention stressful. Your Florida car accident attorney can provide an informed opinion about whether or not your claim should continue to court.