Personal injury victims often wonder how their injury claims will be calculated. This is understandable. Victims of serious accidents suffer physically, mentally, emotionally, and financially.
The following article defines economic and non-economic damages in Florida. It also offers a guide as to how these damages are calculated in personal injury claims.
However, no two personal injury claims are alike. If you were injured by someone else’s negligence or misconduct, reach out to an experienced personal injury attorney for a personalized claim review. Contact us online or call (941) 954-4000
There are two basic types of compensation available in a personal injury claim. These are economic and non-economic damages.
Economic damages are monetary losses with fixed dollar amounts. Usually, these items have associated bills or invoices and are calculated by adding up any receipts.
Examples of economic damages include:
The best way to be reimbursed for economic damages is to keep a complete record and file with copies of all accident-related costs, travel, and missed work days.
Non-economic damages are subjective losses. These are personal costs to a victim and are difficult to quantify.
Non-economic damages may include compensation for:
In Florida, a jury may consider any number of factors when determining whether to award economic damages and at what amount.
A jury may choose to award a victim non-economic damages based on the severity of their injuries and other considerations like:
Once a jury has decided to award non-economic damages, the judge will instruct the jury on how to calculate the award.
Non-economic damages in Florida are calculated by the multiplier method or the per diem method.
Using the multiplier method, non-economic damages are a multiple of any aggregate economic damages. The multiplier is typically 1.5 to 3.
With the per-diem method, a daily dollar amount is multiplied by the number of days the condition persists.
Florida caps or limits any non-economic damages awarded in medical malpractice claims at $500,000.00 ($1,000,000 under certain conditions). The state caps most non-economic damages awards against municipal and state governments at $200,000.00.
The statute of limitations or deadline for filing a pain and injury claim in Florida is two years from the date of injury. The statute of limitations varies for governmental entities and medical malpractice claims.
Check with an experienced Florida personal injury attorney to verify your deadline for filing a non-economic damage claim.
If you have questions about your personal injury claim, call the skilled attorneys at Shapiro | Delgado | Hofmann. We get justice for injured Floridians. Our personal injury attorneys are located in Sarasota and Bradenton.
To date, we have recovered over $300 million for our clients. At Shapiro l Delgado l Hofmann, we are aggressive negotiators and litigators. We will go to trial if it is in your best interests.