Palm Beach Personal Injury Attorney
Immediate Personal Attention for Clients Throughout all of South Florida
What Type of Damages Can I Sue?
If you have suffered an injury from an accident, there are two important questions to ask before considering a lawsuit:
- Was the other party liable for the damages you sustained in the accident?
- What are the nature and the extent of your damages?
If you can prove liability for the economic and/or non-economic damages you sustained, then our system of justice allows you to pursue compensation for your losses.
Florida and “No-Fault” Insurance
Florida is a no-fault insurance state. No fault benefits refer to the PIP coverage, which is used to pay for medical bills, lost wages, or a death benefit of $5,000. You look to your own insurance company for these benefits first, and then to any other coverages if your damages exceed the limits of PIP.
Damages in Florida Accident Injury Cases - Compensatory and Punitive
There are two types of damages that you can pursue: compensatory and punitive.
Compensatory Damages
A Palm Beach personal injury lawyer can help you to receive compensation for the entire value of the damages plus compensation for your pain and suffering. Compensatory damages cover everything from destruction of property in an accident to lost wages and medical expenses that result from the injury. Economic and non-economic damages may include:
- Medical expenses
- Costs associated with counseling/therapy
- Loss of present and future earnings
- Out-of-pocket expenses
- Lost wages and earning capacity
- Replacement value of car
- Pain and suffering
- Emotional and psychological trauma
- Impact on quality of life
- Permanent impairment or disfigurement
Punitive Damages
Partial Negligence in Accident Injuries
Punitive damages are ones that the court orders to punish the defendant for negligence. In cases where the negligence is deemed reckless or a blatant disregard of the law, punitive damages may even outweigh compensatory damages.
You may still be awarded damages for partial negligence. For example, if you have been injured in a car accident and both you and the other driver are at fault, you still may be awarded a percentage of the overall damages. At the same time, you or your insurance company may have to pay damages to the other driver.
