Understanding non-economic damages in Florida and tips on getting compensation

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When you sustained an injury because someone intentionally hurt you or was negligent, you can file a claim for the losses that resulted from the injury. You are right to sue for economic and non-economic damages in Florida. If proven in court, you will receive compensation for medical expenses, the amount of lost wages, and the cost of property damage.

You can also get compensation for intangible losses (or non-economic damages), including emotional distress, pain, and suffering. Sometimes, you can sue the Florida government. For instance, a slip-and-fall accident occurred within the premises of a government building. However, Florida limits damages to $200,000 per person and $300,000 for these claims. The state caps the plaintiff’s compensation in personal injury claims, so you need to check that with your lawyer.

What are non-economic damages?

If you file a lawsuit, you can receive compensation for economic and non-economic damages. Monetary damages include medical bills, lost wages, and other expenses you must pay out of pocket. Some damages have no direct dollar value but still profoundly affect your life. These are non-economic damages. Here are the types of non-economic damages in Florida:

Pain and suffering

Many types of injuries, such as broken bones, burns, and concussions, can cause pain. Thus, you deserve compensation if you suffer from any of these because of an accident. Physical pain is one of the most common types of non-economic damages. Compensation is awarded depending on the severity, its impact on the patient’s quality of life, and the length of the recovery period.

Emotional distress

Aside from the pain and suffering, you could also be emotionally distressed – any injury can be traumatic. This type of non-economic damage refers to the psychological impact of an injury. Filing for a personal injury claim allows you to recover damages for emotional distress even if you have no apparent or physical injury. However, you must prove that you experienced such distress due to the accident.

Loss of consortium or companionship

If your injury affects your relationship with your loved ones, you can seek damages for loss of consortium or companionship. For example, when you get injured and cannot be intimate with your partner or play with your kids. A spouse can also receive loss of consortium damages if their partners die in an accident.

Diminished quality of life

If your injuries prevent you from enjoying your life as you used to, you can be awarded compensatory damages. This includes losing the ability to enjoy everyday things or hobbies, such as playing sports and spending time with friends and family.

Disfigurement and scarring

Non-economic damages may be awarded if the accident has caused permanent scarring and disfigurement. The most common example of this is serious burn injuries.

How to prove non-economic damages?

While economic damages are easily calculated, and you can quickly provide evidence of expenses, they differ from non-economic damages. There is no paper trail with the latter; the damages are intangible, so it is challenging to prove your claim. In most cases, you may need to journal your injuries and get testimonies from your family and friends. You can also get a mental health diagnosis.

The court will calculate these damages based on how much the accident or injury impacts your life. It would also help to hire an experienced personal injury lawyer. They can help you prove your claim and advise on what evidence you need to gather to prove your non-economic damage claim.

Calculating non-economic damages

Calculating non-economic damages is a complex process, whether you are in Florida or another state. Since these damages are subjective and not easy to quantify, the amount of compensation depends on various factors and circumstances. Typically, you and your lawyer will gather evidence, such as psychological evaluations and testimony from your loved ones. There are several methods to calculate these damages:

• The multiplier method. This method involves multiplying the economic damages by a certain number to get the value of the non-economic damages. This is an extremely common method, and the multiplier depends on how severe the injury is and how it impacts the victim’s life.
• The per diem method. This method calculates the damages based on a daily rate for the victim’s emotional distress or pain and suffering. The rate might be determined based on the length of the recovery period and how the victim’s life is impacted by the accident overall.

Factors affecting non-economic damages

If you live in Florida and seek personal injury compensation, the non-economic damages awarded will depend on the circumstances of the case. Here are some of the factors affecting the amount of damages you can receive:

• The severity of the injury. Generally, the worse the injuries are, the more compensation you get. Accidents resulting in the death of a person, of course, receive higher compensation for the pain and suffering, emotional distress, and loss of consortium to the family members left behind.
• The impact on quality of life. If you have injuries that limit your ability to work or function day-to-day like you used to, you may be eligible for higher non-economic damages.
• Recovery period. Higher compensation can also be awarded if you require a longer recovery period. Injuries that need extensive treatment or result in long-term disability receive higher non-economic damages.
• Age and health. People with pre-existing medical conditions and older adults are more vulnerable to injuries. These people are also more likely to die in an accident. Therefore, cases like these receive higher compensation.
• The degree of fault. If the court finds that you are partially at fault, your compensation may be significantly lower. Meanwhile, you can also receive more non-economic damages if the at-fault party is negligent. 

Collecting compensation for non-economic damages

You can either settle outside of court or sue the defendant to get compensation for your injuries or emotional distress caused by an accident. Generally, both parties agree to settle outside of court to avoid lengthy processes. However, you must ensure a fair settlement if you are the aggrieved party.