You may be eligible for different types of compensation or a sum of money if you win a personal injury lawsuit. In legal terms, the sum is known as "damages." However, each personal injury case is different from the other, and the court awards them according to specific facts and circumstances of the accident.
The sum of money that goes to a successful plaintiff falls under two categories known as compensatory and punitive damages. Compensatory damages make a plaintiff whole after he or she sustains an injury. On the other hand, punitive damages financially punish the defendant if he or she is liable for the damages.
What Are Compensatory Damages?
Compensatory damages award the plaintiff for the actual amount of injury or losses resulting from the accident. These monetary awards reimburse the out-of-pocket expenses and losses of a plaintiff due to the injury. There are two different types of compensatory damages, including special and general damages.
Special damages intend to provide a monetary amount to replace what was lost. They may also cover any future expenses due to an injury. The most common types of personal injury damages under this category may include:
- Medical bills and hospital bills, including the cost of future medical care
- Rehabilitation and physical therapy expenses
- Transportation to medical services
- Ambulance expenses
- Medicine, prescription drugs, and medical equipment
- Lost wages or lost employment income, including future lost earnings
- Property damage replacement or repair
- Increased living expenses
- Nursing home care
- Domestic services
The total amount you get depends on several different factors. With each case being different, the outcome and reward amounts differ according to judges, lawyers, arguments, circumstances, and so on. However, the plaintiff's lawyer must prove that the losses equate to a specific monetary value before receiving favorable judgment.
General damages, unlike special damages, are subjective and harder to price. They cover emotional distress, post-traumatic stress, pain and suffering, and shortened life expectancy. Some claims, defamation among them, consist almost entirely of general damages, because there is no receipt for a damaged reputation.
General damages may include:
- Mental anguish
- Long-term physical pain and suffering
- Loss of consortium
- Inconvenience
- Disfigurement
- Loss of enjoyment or quality of life
- Loss of opportunity
Medical malpractice claims use the same two categories, with a different deadline. Florida Statute 95.11(5)(c) gives a plaintiff 2 years from when the incident occurred or was discovered with due diligence, and no more than 4 years from the incident itself, subject to limited exceptions.
Speak to a member of our team to learn more about compensatory damages.
What Are Punitive Damages?
Technically, punitive damages are not meant to compensate the plaintiff and do not directly relate to a tangible injury. Punitive damages punish the negligent party and prevent him or her from behaving in the same manner.
In Florida the standard is set by Florida Statute 768.72(2). Punitive damages are available only if the trier of fact finds, by clear and convincing evidence, that the defendant was personally guilty of intentional misconduct or gross negligence. The plaintiff carries that burden, and under 768.72(1) a plaintiff cannot even plead a punitive claim without first making a reasonable evidentiary showing to the court.
When Is An Action Considered Gross Negligence?
Ordinary negligence means a person failed to take reasonable precautions against harming someone else. Florida Statute 768.72(2)(b) defines gross negligence as conduct so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to it. Intentional misconduct is defined separately in 768.72(2)(a): the defendant knew the conduct was wrong and that injury was highly probable, and pursued it anyway.
A business owner may be held liable for failing to fix an old roof that collapses and hurts customers. This is known as “ordinary negligence.” Let's add another element to this case.
A building inspector ordered the business owner to fix the roof. The inspector also ordered to close that part of the building to the public in the meantime.
However, the business owner ignored the mandate, and after three months, the roof collapsed and injured some customers. In this case, the business owner may be liable for “gross negligence.”
Another example is Bob, who fails to check the ski poles before giving them to his student. Unfortunately, the pole cracks, which results in a painful shoulder injury. However, instead of stopping the class, Bob forces the injured student to finish the class before seeking medical care.
The waiting period aggravates the injury and leads to a posterior labral tear. In this case, Bob could also be held liable for gross negligence.
Florida caps most punitive awards. Under Florida Statute 768.73(1)(a) an award may not exceed the greater of three times the compensatory damages or $500,000. The ceiling rises to four times compensatory damages or $2 million under 768.73(1)(b) where the conduct was motivated solely by unreasonable financial gain and the danger was actually known to someone responsible for the defendant's policy decisions, and 768.73(1)(c) removes the cap entirely where the defendant specifically intended to harm the claimant.
Speak to A Personal Injury Lawyer
Personal injury cases turn on proof: medical records tying the injury to the incident, bills that establish the economic loss, and testimony that establishes the rest. Assembling that is the work, and it is hard to do while you are still treating.
Hiring a personal injury lawyer in Florida can ensure you receive guidance and learn about your options while protecting your interests.
Florida sets a deadline. Under Florida Statute 95.11(5)(a) a negligence action must be filed within 2 years of the date the cause of action accrued, for causes accruing after March 24, 2023. Products liability claims under 95.11(3)(d) still carry 4 years. Miss the deadline and the claim is gone whatever its merits.
Waiting means that evidence relating to your case may be difficult to procure. With this, it is necessary to take immediate action and hire a personal injury attorney who can act on your behalf. A reputable law firm can work with medical professionals.
Legal and financial professionals can calculate total expenses and determine the compensatory damages coming to you according to case specifics. They can also negotiate with all the parties involved to reach a fair settlement on your behalf. Call Weinstein Legal Team today at 888-626-1108 for more information.
