Understanding the different types of damages that may be awarded in a personal injury claim.
Just as every person is unique, the damages that may be recovered in a personal injury case will vary from case to case. This is because an injury will have a different effect on each person and his or her family. Although the nature of the injury (diagnosis) may be the same or similar from a medical standpoint, the significance and value of that injury will depend on the activities, personality, history, age, gender and other factors unique to each person.
For example, the loss of a finger may have a different impact on a neurosurgeon than on a family practice doctor. A scar from a dog bite will likely impact a 16 year old female in a different way than it would impact a 50 year old male. Likewise, a back injury that prevents a new mother or father from playing with their child may be felt in a different way than that same injury to a retired person. In other words, the value of a particular injury depends, to a large degree, on the activities of the person who suffers the injury.
However, Florida law provides for certain types of damages to be considered by a jury in a typical personal injury case. Generally speaking, we break these damages into two types: economic damages and non-economic damages. The economic damages are generally easier to quantify and measure because they involve set amounts of losses presented to the jury in the form of lost wages, medical bills and similar damages. The non-economic losses are harder to quantify and there is no table or schedule that is used to value these losses.
The non-economic damages to be considered by the jury include bodily injury, pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience and loss of capacity for the enjoyment of life. These damages are to be considered in terms of both past and future losses. Additionally, the law provides that there is no exact standard for measuring such damages. The amount should be fair and just in light of the evidence.
Some examples of economic damages that may be awarded in a personal injury case include medical expenses, lost earnings, lost working time and loss of the ability to earn money. These losses are also to be considered in the past and in the future.
The specific types of damages allowed to be presented to the jury will be decided by the Judge, and will depend on the specific facts that are unique to each case. The list of damages above is not exhaustive and there may be other types of damages that may be appropriate.
It is important that each case be decided upon the facts and circumstances that are unique and proper for that case. Although the law allows for certain types of damages, the calculation and presentation of the value of those damages should be given careful attention. Please feel free to call our office with any questions about your injury case.
