What Are Damages In A Miami Personal Injury Case?
Damages in a Miami personal injury case are the injuries, along with the pain and suffering caused by the incident. Pain and suffering include physical and emotional damages. The losses can also include lost wages that may have been caused by the accident and injuries. If you feel that you have suffered damages that include injury, loss wages and/or pain and suffering you may want to contact a Miami personal injury lawyer as soon as possible and learn about your rights.
Personal Injury Compensatory Damages?
The two types of compensatory damages in personal injury cases are economic and non-economic damages. Economic damages are any expenses incurred as a result of the accident that may be documented with a paper trail. These are expenses that can be proven with the use of bills and receipts. Some examples of economic damages that are not as tangible but may be calculated using your documentation are future lost earnings and future medical expenses. On the other hand, non-economic damages is compensation given to victims of injuries for losses that aren’t as visible or considered concrete. This includes damage to your reputation, worsening of any existing conditions, pain and suffering, and emotional anguish. Although, non-economic damages may not have actual evidence to establish a precise cash number, it doesn’t imply that they don’t have any monetary value. A good Miami personal injury lawyer will work to quantify these damages in order to determine what the compensation should be. No matter what damages you have suffered, if you’ve been a victim of an injury its always a good idea to discuss your options with a Miami personal injury lawyer.
Damages That May Be Recovered In A Miami Personal Injury Lawsuit?
I. Compensatory Damages
Compensation for a personal injury or accident caused by someone else’s fault is known as compensatory damages. Even if they didn’t intend to hurt you, you would not be in this predicament if it weren’t for their wrongdoing, so logically they should pay. The process for obtaining compensatory damages in a Miami personal injury case include assessing if a contract or duty existed, and if so, which criteria the responsible parties violated. In a legal suit, there are other variables to examine, such as the amount of suffering caused, negligent or purposeful activity that contributed to the losses, and whether the plaintiff can quantify their losses.
II. Nominal Damages
When a plaintiff establishes that they were harmed as a result of another party’s acts in a Miami person injury case, the court usually awards nominal damages when the injury was judged little or unimportant by the court. The cash amount granted to plaintiffs in situations where minimal damages are awarded is sometimes only a few dollars and representative more than monetary. When a plaintiff proves that they were damaged as a result of another party’s actions, the court will generally award nominal damages since the injury was deemed little or insignificant by the court.
III. Punitive Damages
Punitive damages in a Miami personal injury case, unlike compensatory damages, are awarded to a defendant who has committed intentional, malicious, or fraudulent acts that have caused injury to another person. The main purpose of this specific type of damage is to prevent the defendant from engaging in that behavior again. However, in most Miami personal injury lawsuits punitive damages are very rare.
If you feel that any or even all of the damages regard your personal injury case, you may want to contact Miami personal injury lawyers here at PereGonza The Attorneys, we offer free consolations and do not charge fees unless you win the case.
How Are Damages Calculated In A Personal Injury Case?
To calculate non-economic damages in a Miami personal injury case, a typical approach is to use a multiplier formula and your medical costs. You can find this number by simply calculating the economic losses which may include, medical expenses, property damage, and missed income. An important thing to note about the state of Florida is, that the money you receive will be reduced by your percentage of fault. If you feel that you have suffered any of these damages listed in this article, you may want to call a Miami personal injury lawyers to better understand your rights. Here at PereGonza The Attorneys, even if you feel the need to ask any questions to see if you have suffered damages under a personal injury case it is still recommended that you contact a Miami Personal Injury Lawyer.
Article by: Alyssa Marie Otero