In the aftermath of a personal injury accident, victims in Florida often find themselves dealing with more than just physical pain. The financial burden can quickly become overwhelming. Medical expenses, lost income, and other out-of-pocket expenses pile up, putting significant strain on the injured party and their family. In personal injury cases, Florida law allows victims to seek compensation for these losses through economic damages. This article will break down economic damages, what they include, and how they are calculated in a Florida personal injury claim.

Defining Economic Damages in Florida

Economic damages are monetary losses that a personal injury victim incurs as a direct result of the injury. These damages are tangible and can be objectively calculated. In Florida, the goal of economic damages is to reimburse the injured party for financial losses that stem from the accident, helping to alleviate the financial strain.

The primary types of economic damages in Florida personal injury claims include:

• Medical Expenses: Hospital bills, rehabilitation, surgeries, prescriptions, and future medical costs
• Lost Wages: Income lost due to time away from work, as well as any loss of future earning capacity
• Property Damage: Repairs or replacement of any personal property damaged in the incident (such as a vehicle)
• Out-of-Pocket Costs: Expenses for transportation, medical equipment, home modifications, or other needs directly tied to the injury

Breakdown of Economic Damages

Understanding the various components that make up economic damages is essential for building a comprehensive personal injury claim. Here is a closer look at each:

1. Medical Expenses

Medical costs usually are the largest portion of economic damages. These costs can include:

• Emergency Room Visits: Ambulance rides, ER treatment, and any immediate care following the injury
• Surgery and Hospital Stays: Costs for necessary surgeries and extended hospital stays
• Rehabilitation and Physical Therapy: Ongoing care needed to recover fully from injuries
• Prescription Medication: Drugs prescribed for pain management, infections, or treatment of injuries
• Future Medical Expenses: Anticipated costs for long-term treatments or permanent injuries

In Florida, it’s important to document all medical-related expenses thoroughly, as these will be pivotal in determining the total compensation owed.

2. Lost Wages and Loss of Earning Capacity

Being unable to work after an accident can cause significant financial stress. Economic damages cover both:

• Lost Income: Compensation for the time missed from work while recovering from injuries
• Loss of Earning Capacity: If the injury affects your ability to work in the future, you may be entitled to compensation for this long-term impact on your career

For example, if a construction worker suffers a serious back injury that prevents them from returning to manual labor, they could claim loss of earning capacity damages for the potential income lost over their lifetime.

3. Property Damage

In accidents such as car crashes, property damage is a significant factor. The cost to replace or repair damaged vehicles or other personal property is recoverable as part of economic damages.

• Vehicle Repairs: Costs associated with fixing or replacing your vehicle after a crash
• Personal Property: Compensation for damaged or destroyed items like electronics, clothing, or other belongings

4. Out-of-Pocket Expenses

There are often miscellaneous costs that arise from an injury that might not seem obvious at first glance. These can include:

• Transportation Costs: Travel to and from doctor’s appointments, physical therapy, or other medical services
• Home Modifications: Installing ramps, widening doorways, or making other changes to accommodate injuries
• In-Home Care: Hiring a nurse or caregiver to assist with daily activities during recovery

Calculating Economic Damages

Calculating economic damages in a Florida personal injury claim involves compiling all relevant financial documentation. This includes hospital bills, invoices, receipts for out-of-pocket expenses, and proof of lost income. In some cases, expert testimony may be needed to project future medical expenses or long-term loss of earning potential.

The courts rely on clear, tangible evidence to establish the value of economic damages. As such, keeping detailed records of every cost incurred as a result of the injury is paramount.

Florida’s Comparative Negligence Rule

It’s also important to note that Florida operates under a comparative negligence rule. This means that the total amount of damages a victim can recover may be reduced by their percentage of fault in the accident. For instance, if a person is found to be 20% responsible for the incident, their total damages award will be reduced by 20%.

This rule applies to both economic and non-economic damages. In personal injury cases, the degree of fault assigned to each party is typically determined during settlement negotiations or by the court if the case goes to trial.

Conclusion

Economic damages in a Florida personal injury claim are designed to compensate victims for their measurable, financial losses. By understanding what these damages include and ensuring they are thoroughly documented, victims can seek appropriate compensation to ease their financial burden. Florida’s comparative negligence rule can impact the total award, but with strong evidence and clear documentation, a personal injury victim can maximize their recovery. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.