Knowing the types of damages available after an accident is crucial for pursuing justice. At The Dashcam Lawyer®, we’ve spent over 15 years helping injured Floridians and know how vital this knowledge can be.

In Florida, injury claims often involve compensatory damages to help you recover and punitive damages to penalize wrongful actions. Here’s what they mean for your case.

What Are Compensatory Damages?

Compensatory damages are designed to cover the losses you’ve experienced because of an accident. Their purpose is straightforward: to help you recover from your injuries and return to life as close to normal as possible.

Types of Compensatory Damages

There are two primary categories of compensatory damages in Florida:

Economic Damages

These are the measurable, financial losses you’ve incurred. Examples include:

Medical expenses: This includes hospital stays, surgeries, medications, physical therapy, and even future treatments.

Lost wages: If you’ve missed work due to your injury, you can recover lost income. This can also include loss of future earning potential.

Property damage: Whether it’s a car in a crash or a bicycle in an accident, you can recover the costs of repairs or replacements.

Non-Economic Damages

These address the emotional and psychological toll of your injuries, including:

Pain and suffering: Compensation for physical pain and emotional distress.

Loss of consortium: For loved ones, this refers to the loss of companionship and support.

Emotional distress: Covers mental health struggles such as anxiety, depression, or trauma stemming from the accident.

Important note: Florida law does not place a cap on non-economic damages in personal injury cases, giving you the opportunity to recover for these intangible losses fully.

What Are Punitive Damages?

While compensatory damages are about recovery, punitive damages are about accountability. These damages aren’t given in every case but are saved for situations where the defendant’s actions are worse than simple carelessness.

Purpose of Punitive Damages

Punitive damages are intended to:

• Punish the defendant for very bad behavior, like causing harm on purpose or being extremely careless (gross negligence).
•  Keep others from engaging in similar conduct.

Examples of Cases Involving Punitive Damages

Punitive damages may come into play in cases such as:

• Drunk driving accidents: Driving while drunk shows a careless lack of concern for other people’s safety.
• Gross negligence: For instance, a company knowingly sells a defective product that causes injury.

Florida law requires a higher standard of proof to award punitive damages: “clear and convincing evidence” that the defendant acted intentionally or with reckless disregard for others.

Limitations on Punitive Damages in Florida

Punitive damages can make a big difference, but they have specific limits in Florida.:

• General cap: Punitive damages are capped at the greater of three times the compensatory damages or $500,000.
• Exceptions: Cases involving intentional misconduct or defendants under the influence of drugs or alcohol may go over this limit.

It’s also worth noting that punitive damages typically aren’t covered by insurance. This means the defendant must pay them personally, adding an extra layer of punishment.

How Are Damages Calculated and Awarded?

The process for calculating and awarding damages involves several steps:

Compensatory Damages

• Economic damages: These are calculated based on tangible evidence such as medical bills, pay stubs, and repair estimates.
• Non-economic damages: Jurors use their discretion to assign a monetary value to pain, suffering, and emotional harm, often guided by expert testimony.

Punitive Damages

• To seek punitive damages, your attorney must get the court’s approval and show strong evidence of intentional wrongdoing or serious carelessness.
• After the court approves, the jury decides if punitive damages should be awarded and how much, based on legal limits and the defendant’s actions.

Need Help Understanding Your Options?

At The Dashcam Lawyer®, we know how overwhelming an injury claim can be. If you’re dealing with mounting medical bills, lost wages, and the emotional toll of an accident, you don’t have to face it alone. We’re here to help you understand your rights and fight for the compensation you deserve.  Contact us today at 561-561-DASH for a free consultation, and let us show you how we can make a difference in your case.