￼What are the Different Types of Damages in a Personal Injury Case and How Are They Calculated? Insights from a Personal Injury Attorney in Zephyrhills, Florida
Tuesday, March 22nd, 2022
If you have suffered an injury due to someone else’s negligent actions in Zephyrhills, you have the right to seek fair compensation. You can do this by bringing a personal injury claim against the party responsible for your injuries. The types of compensation that you can seek in a personal injury lawsuit are referred to as “damages.”
It’s always wise to consult with an experienced personal injury attorney in Zephyrhills, Florida immediately after suffering an injury. An attorney can help you present your case in the most persuasive and legally viable manner possible, maximizing the amount of compensation you can recover. We’re going to explain the different types of damages that individuals may suffer in personal injury cases in Florida.
When putting a value on your case, you and your Zephyrhills, Florida personal injury attorney must consider three different types of damages. In some cases, only one of these may apply, while in others, all three could be involved.
- Economic damages will compensate you for quantifiable costs incurred due to your injuries and any subsequent losses or expenses. Past and future medical bills, loss of past and future earnings, and out-of-pocket expenses associated with the treatment or recovery are all examples of economic damages.
- Non-economic damages will compensate you for losses that cannot be quantified in monetary terms but are just as real. Examples include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
- Punitive damages are less common than economic or non-economic damages since they are only awarded if you have been injured due to intentional or reckless behavior or actions motivated by malice. These damages are supposed to hold wrongdoers accountable for their actions and may be awarded in serious injury cases involving assault, gross negligence, or intentional fraud.
Personal injury damages are calculated directly based on the material and immaterial losses sustained by injured parties:
- Economic damages are often the easiest to calculate, as they are objectively verifiable monetary losses from bills and lost wages. When your personal injury attorney in Zephyrhills helps you determine the value of your claim, one of the first things they will do is get copies of all relevant receipts for medical expenses, pay stubs, and other expenses receipts. The sum of your economic damages is calculated by adding the total amount of your out-of-pocket costs to the total amount of any lost earnings or lost earning potential.
- Calculating non-economic damages can be trickier. Non-economic damages are often calculated using the “multiplier method,” which multiplies the total sum of economic damages by a certain number (typically between 1.5 and 5, with 3 being the most common). In some instances, non-economic damages may be awarded on a “per diem” method, which assigns a certain dollar amount to every day you had to suffer from your injuries. Your personal injury attorney in Zephyrhills, Florida can help you determine which method is more beneficial to use in your situation.
- Punitive damages are often the most subjective of the three. These damages are awarded in extreme circumstances and are meant to punish the defendant’s grossly negligent or intentional conduct. Punitive damages are also called exemplary damages when they are intended to deter future occurrences of similar behavior.
Are you hoping to receive compensation for damages you’ve suffered that were caused by someone else? If so, and if you’re ready to partner with the best personal injury attorney in Zephyrhills, Florida, O’Toole Law Group is here to help. Contact us today at (863) 533-5525 or fill out an online form to discuss your options with our legal team.Tags: Personal Injury Lawyer