Recoverable Damages

Damages are those losses that naturally flow from the accident and injuries sustained. The damages may be as unique as you and your personal circumstances. At the Kane Law Firm we spend the time to get to know our clients so we can understand their specific circumstances so that we can be sure that all appropriate claims are presented. Generally damages can best be understood if considered in two broad categories - economic and non-economic.

Economic Damages

Economic damages in personal injury cases include such things as past and future medical bills, rehabilitative expenses, lost income and wages, loss of earning capacity and other direct expenses incurred in the past or which may be incurred in the future. A previous injury does not necessarily affect the right to recover compensation; the injured party may still recover damages for re-injuring or aggravating the earlier injury.

Economic damages may also include property damage. The usual rule in Florida when property is damaged is that the measure of damage is either the reasonable cost of repairs and loss of use of the property during the reasonable time necessary to repair it; or, if the property is damaged beyond repair then the owner is entitled to recover the fair market value of the property in its condition immediately prior to the accident. These rules may vary somewhat depending on whether the claim is being brought under an insurance policy (first party claim) or against the negligent party who caused the damage (third party claim). Under some circumstance there may be an additional claim for diminution of value even if repairs have theoretically restored the item.

Non-Economic Damages

Non-economic damages in personal injury cases include intangible claims for such losses as bodily injury, resulting mental and physical pain and suffering, disability or physical impairment or disfigurement, mental anguish, inconvenience or loss of the capacity to enjoy life. There is no exact standard to calculate these damages. It is the responsibility of the jury to consider all the evidence and determine a fair amount.

Consortium Damages

Consortium damages refer to the losses sustained by a spouse which can include both economic and non-economic loss. The spouse of the accident victim may also be able to recover for damage to the marital relationship. "Loss of consortium" generally refers to any negative effect on the marital relationship caused by the accident, and includes loss of the spouse's love, companionship, comfort, affection, solace, moral support, sexual relations, and physical assistance in the operating and maintaining a home. In some cases, a parent or children may have a consortium claim for the injury.

Wrongful Death

Florida's Wrongful Death Statute designates who must file suit and what damages may be requested. The Personal Representative of the Estate is authorized to bring the claim on behalf of the estate and all survivors. "Survivor" is a term of art defined in the statute. Damages in a wrongful death action are dependent upon the survivor's relationship to the decedent, and can be quite complex to understand. In general, claims can be made for medical and funeral expenses, loss of net accumulations, loss of support and services for a survivor. Spouses and certain parents or children can claim mental pain and suffering for each other's loss. There are some exceptions when the death is a result of medical negligence.

Survivor Action

When an injured person dies from causes unrelated to their accident before their lawsuit is resolved, the case may be brought as a Survivor Action under Florida law. The damages remain the same, except no claim can be made for future damages.

Punitive Damages

In certain circumstances, the at-fault party's conduct is considered so outrageous that the court will allow a claim for punitive damages. All the damages discussed above are referred to as compensatory damages since they are merely designed to compensate the injured party by placing them, as closely as possible, into the same condition they would have been in had the accident not occurred. The purpose of allowing punitive damages is not to either compensate or to unfairly enrich the victim, but rather to punish the at-fault party and to serve as a warning to others that society will not tolerate the sanctioned behavior. This is why punitive damages are sometimes referred to by legal commentators as "smart money."

Contact the Kane Law Firm, P.A.

An experienced personal injury attorney will be able to speak to you about your specific circumstances and better advise you about what damages might apply to your case. If you or a loved one has been the victim of any kind of accident, please call the Central Florida Automobile Accident Attorneys at the Kane Law Firm, P.A. in Orlando, Florida at (407) 898-9130, submit a contact form on our website, or email us at Info@KaneInjury.com.

We offer a free initial consultation, and if we agree to take your case, we will work on a contingency basis. This means we will get paid for our services only if there is a monetary award or recovery of funds.