Do I Have a Medical Malpractice Claim in Florida?
When you are injured in an accident, whether by a slip and fall in your local supermarket or car crash, you may be in considerable pain as a result. However, as time progresses, you may find that while your physical pain and limitations improve, the emotional harm you have suffered persists and can even worsen. Unfortunately, many are unsure of their legal rights to recover compensation for these damages. The following blog explores what you should know about these matters, including the importance of working with a Vero Beach injury lawyer to help you in the fight for the compensation you deserve.
Under Florida personal injury law, those who have suffered emotional damages as a result of the negligent actions of another party are eligible to seek compensation if the negligence also resulted in physical contact. This is known as the impact rule, which is designed to ensure that emotional distress damages are available only in the context of a physical injury. Limited exceptions to the impact rule apply, such as for some types of intentional misconduct.
Emotional distress is compensable under the broader category of non-economic damages often oversimplified as “pain and suffering.” Compensation for emotional damages linked to a personal injury claim under Florida law can include, but is not limited to, the following:
Unlike economic damages, which reflect matters such as hospital bills, lost wages, and other tangible monetary losses, non-economic damages are subjective. This means they’re difficult to calculate, as pain and suffering will vary based on your unique circumstances and the subjective judgment of a jury. Several common factors affect an award for non-economic damages. This includes the severity of the emotional harm, the duration of symptoms, how the emotional distress impacts daily life, and lifestyle changes as a result of the injuries and corresponding emotional harm.
There is no standard formula for this type of harm. Some insurance companies try to measure non-economic damages with reference to economic damages, but this is just as arbitrary as any other fixed method. Does expensive medication equate to more emotional harm? Does cheap, subsidized medical care equate to less emotional harm? Of course not. The truth is that subjective harm is determined subjectively, and it can be highly variable.
Fighting for and evaluating intangible losses like emotional distress can be difficult, which is why it’s in your best interest to connect with an experienced attorney with Ullian Trial Law. Our firm understands how overwhelming these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn how we can assist you.
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