What Damages Can I Recover Following a Car Accident?

When you are involved in an auto accident in Florida, it can be incredibly overwhelming. Not only do you have to worry about the astronomical medical bills that continue to mount as you receive treatment for the injuries you’ve suffered, but as a result of the injuries, you may be unable to work. As such, this can cause significant financial strain, leading you to wonder what compensation you can recover for the damages you’ve suffered. If this reflects your circumstances, the following blog explores the different kinds of damages available in Florida and how mandatory PIP coverage can impact your claim. In addition, you’ll learn the importance of working with an Indian River County car accident lawyer to help you navigate these difficult times.

What Types of Damages Am I Able to Recover After a Car Accident?

In general, when you are hurt in a car accident caused by the negligent actions of another person, you’ll find that there are typically two types of damages you can recover – economic and non-economic damages.

Economic damages reflect the actual monetary losses you’ve suffered as a result of another person’s negligence. This includes expenses like medical bills, lost wages, and property damage. These are generally easy to calculate. Non-economic damages, on the other hand, are more difficult to calculate because they do not have an established monetary value. Instead, these losses are subjective. Common examples include pain and suffering, loss of enjoyment of life, and mental anguish.

Depending on the circumstances of the accident, a judge may also permit a claim for punitive damages. These serve not to compensate the victim of the accident, but rather to punish the defendant for their actions and deter others from similar conduct. These damages are typically only awarded in instances in which a defendant shows a reckless disregard for the safety and well-being of others. The standard for punitive damages is high and it requires court permission before you can seek such damages from a jury.

How Does Florida’s No-Fault Accident Statute Impact This Compensation?

Florida is one of a handful of states that adheres to a so-called “no-fault” accident system. This means that all drivers in Florida are required to carry personal injury protection (PIP) on their auto policies, with the mandatory minimum coverage set at $10,000. This insurance does not apply to motorcycles. As such, when car accidents occur, drivers are required, regardless of fault, to first seek compensation through their own insurance.

However, in the event you suffer serious injuries and your damages exceed your PIP coverage, you can file a claim against the other driver, so long as your injuries meet the standard of serious bodily harm. This generally means you have suffered significant or permanent loss of a bodily function, sustained scarring or disfigurement, or now have permanent injuries as a result of the accident.

When you are injured in a car accident, trying to navigate the legal process while healing from the injuries you’ve suffered can be overwhelming. And the insurance companies are not looking out for you. That is why it is in your best interest to connect with an experienced attorney with Ullian Trial Law. Our firm understands how overwhelming the aftermath of a car accident can be, which is why we will do everything in our power to help you recover the full compensation you deserve. Contact us today to learn more.