Compensation from a Personal Injury Lawsuit
Posted on behalf of Gordon & Partners on Apr 04, 2017 in Personal Injury
If you have been injured because of another’s actions, a personal injury lawsuit can help you obtain compensation for the many damages you have likely suffered.
Although compensation cannot change what has happened to you, it can help return you to the position you were in before your injury. You could be reimbursed for the expenses you have experienced as well as some other damages that do not have a monetary value.
Our South Florida personal injury lawyers have provided a brief explanation of the types of compensation you could recover from a lawsuit. We can help you obtain the maximum compensation you need based on your injuries.
Economic damages provide reimbursement for the monetary expenses you have incurred because of your injuries. This can include:
If you have suffered an injury, you likely have medical expenses from visits to the emergency room, hospitals, doctors and specialists. For this reason, the most common type of compensation awarded in personal injury cases is for medical expenses. Payments can include compensation for both past and future medical bills.
This can include:
- Doctors’ visits
- Medical treatments
- Lab work and other tests
This can also include out-of-pocket purchases for items like crutches, driving to and from the doctor, and parking fees.
To ensure you receive the compensation you need to cover your medical costs, you should keep detailed records of all of the medical care and treatments you have received, including receipts for all purchases and payments you have made and any bills that have not yet been paid.
Lost Wages and Income
In many cases, an injury will prevent an individual from returning to work for days or weeks. It could also require that you change careers or stop working altogether.
If your injury has affected your income, whether from missed wages from time off or an inability to earn the same income you did previously, it may be possible to obtain compensation for this loss.
Our attorneys will work with you to obtain records of your previous wages and documentation from your employer about your missed time or inability to perform the same job duties. We are committed to helping you get the compensation you need for a secure future.
Damage to Personal Property
Depending on the accident that caused your injuries, it is likely that you may have also experienced damage to your personal property. This is especially common in auto accidents where a vehicle is damaged, but can also include damage to computers, cellphones and other personal items.
You should determine what these items will cost to repair or replace and keep any receipts for items that have already been fixed or replaced.
Damages that do not have a monetary value are considered noneconomic damages. This type of compensation is much more complicated to evaluate and obtain. It can include:
Pain and Suffering
It may be possible to get compensation for the physical or mental pain, suffering and discomfort you felt during the accident, after the accident and that you will feel in the future. The more pain you experience, the higher your compensation will be.
Because pain and suffering is not always obvious to outsiders, it is important that you keep a journal to document the discomfort you are experiencing.
Loss of Enjoyment of Life
Your life may change drastically after an accident. If you can no longer do things that you could do before the incident, such as engaging in recreational activities or playing with your children, you may be able to receive compensation for those losses.
Again, it is hard to quantify this type of injury, so it is important that you document the effects your injuries have on your life.
Often, your injuries will affect more than just yourself. They can also affect your relationship with your spouse or children. Compensation for loss of consortium attempts to place a monetary value on these losses and can provide compensation if you are no longer able to be intimate with your spouse or provide the emotional support you once did for your spouse or children.
In rare circumstances a case will be so terrible that the court decides to award punitive damages in an effort to punish the at-fault party and prevent others from engaging in the same behavior.
These damages are only awarded if the at-fault party is guilty of intentional misconduct or gross negligence. This means the individual’s actions were committed knowing that they would cause harm or that the individual showed complete disregard for the life, safety and rights of the victim.
Why Your Compensation Could be Reduced or Limited
The personal injury lawyers at Gordon & Partners will utilize our full resources to help make sure you receive all of the compensation you deserve. However, it is possible that your compensation award could be reduced for two reasons.
You Were Partially at Fault for Your Injuries
Florida’s comparative fault law requires that an injury victim’s compensation award be reduced by the percentage of fault he or she had in causing his or her injuries. This means that if you were found to be 30 percent responsible for causing your injuries, your compensation will be reduced by 30 percent.
The insurance company or the at-fault party will try to place as much blame on the victim as possible to limit the amount of compensation they have to pay out. Our team will work to make sure you are not blamed for more than your share of fault.
Damage caps place a limit on the amount of compensation an injured person can receive in certain types of cases. Florida has two types of damages caps: one for punitive damages and the other for medical malpractice cases.
In all types of personal injury cases, punitive damages cannot be greater than three times the amount of compensatory damages or $500,000, whichever is greater.
Noneconomic damages from medical malpractice cases are capped at $500,000. That cap is raised to one million dollars if the individual was killed or left in a vegetative state or if the court determines more compensation is needed because of a catastrophic injury.
If you are a recipient of Medicaid or if your injury was caused by an emergency service provider or someone other than a doctor, different caps will apply.
Make Sure You Receive the Compensation You Deserve
Depending on the circumstances of your injuries, recovering the compensation you need can be complicated. Having an experienced personal injury attorney by your side will be essential to recovering the maximum compensation you deserve.
Our attorneys will work to ensure that your best interests are represented throughout the process and that we have gathered the necessary evidence to prove your case.
Our team has more than 200 years of combined legal experience and decades of practice standing up to insurance companies on behalf of our clients. We have recovered millions in compensation that or clients needed after an accident or injury.
To learn more about how we can help you get the compensation you need, contact Gordon & Partners today for a free, no obligation consultation. We do not get paid unless you do.