Explaining Florida Personal Injury Compensation and Damages
Bill Allen | August 21, 2018 | Gainesville Personal Injury Law News
According to the U.S. Department of Justice, the most common personal injury cases include: motor vehicle accidents (52%), medical malpractice (15%), and product liability (5%). But whenever there’s any type of accident or injury that’s sustained as a direct result of someone else’s negligence, the outcome can always result in litigation. Before our firm takes legal action for a personal injury case, we want ensure that we’ve identified any and all of a client’s damages. Here’s a quick guide to help you understand the seven distinct types of damage in a personal injury case.
First and foremost, the victim or plaintiff of any given personal injury case is entitled to reimbursement for the medical expenses incurred during the treatment for their injuries. This includes hospital stays, nursing care, medical tests and devices, and more.
Emotional Distress/Pain & Suffering
In addition to paying for physical injuries and distress, the plaintiff or victim is also entitled to compensation for their emotional distress, if the medical records support it. Not to be confused with emotional distress, pain and suffering is the general compensation you’re entitled to as a result of your unnecessary pain, whether it’s emotional, physical, or most likely, a combination of the two. If you find an experienced Ocala personal injury lawyer, this area of compensation is often the one that allows a victim or plaintiff to receive a settlement after all the bills and liens are paid.
If the victim has to miss work for injury-related reasons, they’re entitled to compensation for lost wages. If they also need time off for a longer period in the future, (due to a surgery, for example) this may also be included in the case.
Loss of Companionship
Though less common, this is the damage awarded to the spouse of the victim in certain circumstances. The law recognizes the legal bond between spouses and entitles spouses to damages as well.
If the absolute worst happens and the accident involves a fatality, the family members closest to the victim have the right to pursue damages against the responsible party. This is called wrongful death.
Finally, punitive damages are those intended solely to punish the defendant and dissuade them and others from similar actions in the future. Punitive damages are not allowed in all jurisdictions, but they can be significant. Talk to your Ocala lawyer to see if this type of damage applies to the defendant in your case.
Ultimately, understanding the various types of personal injury compensation and damages can help you navigate your case efficiently. For more information about wrongful death lawyers, contact Allen Law Firm at (877) ALLEN-LAW. They are available 24/7, right here, right now.