Our approach is to focus on the damage an accident has caused to your life, your family, and your finances. Personal injury accidents in Florida result in both economic and non-economic damages to you the victim.
A jury is instructed that it should award you an amount of money that the greater weight of the evidence shows will fairly and adquately compensate you for your loss, injury or damage, including any such damage reasonably certain to occur in the future.
Non-economic elements of damage include bodily injury, pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience and loss of capacity for the enjoyment of life. There is no exact standard for measuring such damage. The jury is instructed by the judge that the amount should be fair and just in light of the evidence. A spouse can also collect an amount of money which the greater weight of the evidence will fairly and adequately compensate he or she for damages caused by the incident in question.
This element of damage is known as a loss of consortium and services claim and includes any loss by reason of a spouse’s injury of his or her services, comfort, society and attentions in the past and in the future. A parent is also entitled to collect damages for loss of filial consortium, care and treatment of a minor child when his or her child sustains bodily injury as a result of someone else’s negligence.
Economic elements of damage include medical expenses, both past and future, for care and treatment of the injured party, lost earnings, lost time, and lost earning capacity both in the past and the future. A parent may also claim economic damages for the reasonable value or expense of hospitalization and medical and nursing care and treatment necessary for his or her child both in the past and to be so obtained in the future.
Additionally, a parent may obtain damages on behalf of his or her minor child for any loss by the parent by reason of his or her child’s injury of the services, earnings, or earnings ability of his or her child in the past and the future until the child reaches legal age.
Last, a parent may obtain damages against the at fault party for any economic loss sustained by the parent, including any earnings lost in the past and any loss of ability to earn money in the future that is reasonably resulting from the need to care or provide for the child because of the child’s injury until the child reaches legal age.
When you retain our law office to handle your personal injury or wrongful death claim, we will work with you to obtain all of the evidence of damages in order to prove all of the available elements of damages applicable to your unique case in order to protect your rights and help you and your family achieve the financial compensation you deserve.