What kinds of compensation can injury victims get in Florida?

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Matthew N. Posgay - Personal Injury - General - Super Lawyers

Answered by: Matthew N. Posgay

Located in Jacksonville, FLCoker Law

Jacksonville, FL
Phone: 904-356-6071
Fax: 904-353-2425

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After an accident in Florida, there are a number of different types of compensation a victim and his or her family can seek to make up for pain and suffering, lost wages and other losses. The compensation is being provided in order to reimburse someone for what happened, no matter what type of personal injury case you are involved in. The damages can be broken down into economic and noneconomic damages.

Economic Vs. NoneconomicCompensation After An Accident

  • Economic: This type of compensation refers to what is the minimum for someone to survive after an accident, as well as property damage, household services that can no longer be performed by the injured party, lost wages and medical bills.
  • Noneconomic: When someone is injured due to someone else’s negligence, life experiences are taken away. Memories go away. Those are so very real and are something someone has lost. Noneconomic compensation provides for these types of losses, on which a true value cannot be placed.

In Florida, there are more descriptions of what constitutes a loss, such as:

  • Mental anguish
  • Loss of capacity of enjoyment of life
  • Inability to perform daily tasks (such as bathing or dressing themselves)
  • Embarrassment/inconvenience of being unable to care for oneself

These losses affect individuals who have not only sustained catastrophic injuries but any type of injuries in a personal injury accident. Individuals who are unable to get out of bed right away in the morning, cannot play with a child or cannot go on a school field trip as a result of even a minor injury are suffering from a loss and should be appropriately compensated.

Loss Of Consortium

It is often a default way of thinking about how a physical and intimate life has been affected by a spouse who has suffered a traumatic brain injury or other serious injury in an accident. However, it is not just physical intimacy. The true experience of living a life together is gone when a spouse is physically present but cannot work, feed themselves, cannot remember kids or cannot walk the dog. Loss of consortium refers to all aspects of a couple’s life together.

Seek An Attorney Immediately

After an injury, it is essential that you seek the help of an experienced personal injury lawyer immediately. There are timelines in place that have been established by the Florida legislature that govern how long you must be impacted by the injury to be eligible for compensation. For example, in the case of noneconomic damages, the injured person must be unable to do anything for five years or have an injury that is deemed permanent. Only then is a jury allowed to compensate them for their losses.

Insurance companies are not looking out for your best interests. They approach the case from a standpoint that there was no negligence on behalf of their policyholder and that the injured party is embellishing or fabricating their injuries. This is just another reason you should have an attorney on your side.

Most people who attempt to challenge an insurance company on their own will not receive a fair value on their case. With our highly skilled personal injury lawyers and staff at Coker Law on your side, we can bring people, power and authority to the pursuit of justice and compensation on your behalf after an accident.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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