Non-Economic Damages in Florida Personal Injury Claims
Non-economic damages are an essential part of the compensation sought in Florida personal injury claims. This money compensates accident victims for the very real yet intangible effects of an injury, commonly referred to as pain and suffering. Although victims are often entitled to non-economic damages for what they’ve endured, insurance companies rarely make it easy to recover the full amount. Because pain and suffering has no concrete dollar value, adjusters frequently dispute the claim and attempt to minimize the payout.
So, how do you determine a fair amount for non-economic damages in a personal injury claim? You consult an experienced lawyer who can estimate what your case is worth and fight for every penny.
At Zimmet & Zimmet, we know the impact of an accident extends beyond measurable losses like medical bills and lost wages. You deserve full compensation for everything you experienced. Our legal team is committed to helping our injured clients maximize their financial recovery, and that includes fighting for fair pain and suffering damages.
The first step is learning how we can help. Contact us today for a free consultation with a Florida personal injury attorney.
What Are Non-Economic Damages in Florida?
Non-economic damages refer to money that accident victims can pursue for subjective losses related to their injury. Together with economic damages — money for easily quantifiable costs like medical expenses — non-economic damages form the total compensation an injured party can seek in a personal injury lawsuit.
Some of the losses victims most commonly seek non-economic damages for in personal injury cases include:
- Physical pain
- Impairment
- Mental anguish
- Inconvenience
- Scarring and disfigurement
- Loss of enjoyment of life
How Are Non-Economic Damages Calculated?
Non-economic losses don’t come with a price tag, so calculating fair compensation for them can be tricky without the help of an experienced personal injury lawyer. You need an attorney who understands your pain and the hardships you’re experiencing because of your injuries.
Personal injury lawyers, insurance companies, and courts calculate the value of non-economic losses using several methods, including:
- Multiplier method – Adds up the value of the economic damages and multiplies it by a factor from anywhere between 1.5 and 5, depending on the severity of the injury
- Per diem method – Assigns a daily dollar amount to the victim’s pain and suffering and multiples it by the number of days the person is expected to suffer
However, these formulas are not the only ways to calculate non-economic damages. Some insurers use proprietary software to determine a figure. Personal injury attorneys may use a hybrid model or come up with an amount based on the outcome of similar cases.
Regardless of which method your lawyer uses to calculate the compensation you’ll seek for your non-economic losses, it’s crucial that they have a complete understanding of the struggles you face due to your injuries. Keeping a daily journal of the pain and inconvenience you face during your recovery can be a valuable source of evidence in a personal injury claim.
Are There Caps on Non-Economic Damages in Florida?
Most Florida personal injury cases have no cap on non-economic compensation. This is important because your non-economic compensation can make up a significant portion of your total settlement or trial award. For example, if your economic compensation is $50,000 and your lawyer uses a multiplier of three, your total compensation comes to $150,000.
However, there are certain circumstances in which your recovery could be limited. Florida personal injury law caps the amount of non-economic damages victims can collect in medical malpractice cases and cases against a government entity.
If your personal injury lawsuit arises due to medical malpractice, Florida places a $500,000 limit on non-economic compensation for most cases. However, there are various other limits depending on the exact circumstances of the medical malpractice, including whether a practitioner or a nonpractitioner caused it.
For personal injury cases where a government entity is the defendant, Florida caps all compensation, including non-economic compensation, at $200,000 per person and $300,000 per incident. These caps could significantly reduce your non-economic compensation, depending on your case.
Proving Non-Economic Damages in a Personal Injury Case
The losses that victims can seek in non-economic damages are often hidden to the eye, making recovering fair compensation especially difficult. Insurance companies may argue that your non-economic losses aren’t real because they aren’t visible. For example, many people with severe complications from traumatic brain injuries appear completely uninjured in court. Yet their cognitive abilities and ability to function in daily life could be seriously compromised.
The right evidence can help you build a strong case for maximum compensation for non-economic damages. Often, personal injury attorneys collect robust medical evidence to demonstrate the extent of a victim’s non-economic losses.
This medical evidence may include:
- Your medical records, including your diagnosis, prognosis, and any chronic pain you experience
- Notes from your treating physician detailing the treatments required for your injuries
- Testimony from medical professionals and vocational experts about how your injuries will impact your life
- Records from psychologists and treating mental health providers
Other evidence that can support your claim for non-economic compensation includes:
- Testimony from your friends, family, or coworkers about how your injuries affect your daily life
- Journal entries detailing the pain you experience and how your injuries make everyday tasks more difficult
A compassionate personal injury lawyer from Zimmet & Zimmet can assist you by gathering the evidence needed to argue for maximum compensation while you prioritize your physical and emotional health.
Get Help from a Florida Personal Injury Attorney
If someone else’s negligence injured you, you deserve full compensation for the full scope of your losses. But battling the insurance company for fair compensation for your pain and suffering, emotional distress, and lost quality of life is not something you should face alone. Turn to Zimmet & Zimmet.
For 50 years, our law firm has delivered uncompromising and empathetic legal representation to injury victims in Daytona Beach and throughout the Sunshine State. When you come to us, you get a team committed to upholding the highest standards and treating your case with the personalized attention it deserves.
Let us show you why our clients continuously recommend our firm to their friends and family. Contact Zimmet & Zimmet for a free consultation with a Florida personal injury attorney.