Damages are available to victims of personal injury negligence in Florida of all types, including automobile accidents, slip and fall/trip and fall incidents, defective products, medical negligence, premises liability, negligent security or any other personal injury negligence claim. These damages include past medical expenses incurred as a result of the injuries, future medical expenses to be incurred over your lifetime, lost wages, future lost wages or loss of earning capacity over your lifetime, loss of household services if you are required to hire someone to do household tasks you were able to do before the incident. All of these are referred to as the “economic damages” in your case.
Additionally, you are entitled to recover the “non-economic damages”. These damages including pain, suffering, mental anguish, frustration, loss of enjoyment of life, change in your lifestyle, loss of the ability to conduct activities of daily living, psychological and emotional distress associated with a physical injury.
While the economic losses may be a result of mathematical calculations, there is no specific calculation for the non-economic damages in these cases. Each case is different and each case must be prepared from the beginning in a way to maximize the non-economic damages and thus your total recovery.
When a case settles the at fault party pays a lump sum and there is no specific designation as to what type of damages are incurred. Contingency fee attorney’s fees and the case costs are taken from the total recovery of the case before any payment of past medical expenses or other obligations are made.