Only an experienced Florida personal injury attorney can evaluate the unique facts and circumstances surrounding your personal injury accident; however, as a victim of a personal injury accident it may be helpful to have a basic understanding of the types of “damages” to which you are potentially entitled.

UNDERSTANDING DAMAGES IN A

FLORIDA PERSONAL INJURY ACCIDENT

AMANDA POWERS SELLERS AND JENNA C. FINKELSTEIN

If you have been injured in a personal injury accident in Florida you may

be suffering both physically and emotionally as a result of your injuries. In

addition, if your injuries are severe enough to prevent you from working,

you may also be feeling the financial impact of the accident.

Although we use the term “personal injury accident”, the reality is that

many “accidents” are not accidents at all but are the result of negligence

on the part of another party. When that is the case a victim may be

entitled to “damages”.

Only an experienced Florida personal injury attorney can evaluate the

unique facts and circumstances surrounding your personal injury accident

and provide you with an opinion as to whether or not you are entitled to

damages; however, as a victim of a personal injury accident it may be

helpful to have a basic understanding of the types of “damages” to which

you are potentially entitled.

WHAT QUALIFIES AS A PERSONAL INJURY ACCIDENT?

When most people hear the term “personal injury accident” they envision a

motor vehicle accident. While car accidents certainly do qualify as personal

injury accidents, they are only one example. Among the various other

injury accidents that may also qualify as a personal injury accident are:

Trucking accidents

Premises liability accidents

Injuries caused by a defective product

Slip and fall accidents

Dog bite injuries

Assault and battery

Swimming pool accidents

Medical errors/medical malpractice

Wrongful death

Motorcycle accidents

Aviation accidents

Boating accidents

Nursing home abuse or neglect

NEGLIGENCE, INTENTIONAL CONDUCT, AND STRICT

LIABILITY

Not all injuries caused in a personal injury accident are compensable. To be

entitled to compensation you must prove that another party is legally liable

for your injuries. This requires you to show negligence or intentional

wrongful conduct on the part of the other party or you must prove that

strict liability applies. A brief explanation of the three possible ways in

which a defendant can be culpable may be helpful.

Negligence– negligence requires a victim to prove that the

defendant owed a duty of care to the victim and that the duty of care

was breached, thereby causing, or contributing to, the accident. A

motorist operating a vehicle on public roadway, for example, owes all

other people on the roadway a duty of care.

Intentional conduct–liability can also stem from the defendant’s

intentional wrongful

conduct. Injuries sustained

by an innocent bystander

in a bar fight, for example,

are the result of intentional

wrongful conduct.

Strict liability–in some

cases the law is not

interested in whether the

defendant intended to cause injury and/or whether the defendant

tried to prevent the harm. The simple fact that a victim was injured is

sufficient to trigger “strict liability”. Dog bite injuries, for example,

often fall into the strict liability category.

COMPENSATORY DAMAGES

If you have been injured in a personal injury accident in Florida and

another party caused, or contributed to, your injuries, you will likely be

entitled to compensatory damages. As the name implies, compensatory

damages are intended to compensate a victim for actual injuries caused by

the defendant. Compensatory damages fall into two categories:

Economic damages –these are out of pocket expenses such as

medical bills, property damage, and lost wages related to the

accident. Economic damages are typically easily quantifiable as you

will have a bill, statement or other written proof indicating the

amount of the expense or claim.

Non-economic damages – non-economic damages are what

people commonly refer to as “pain and suffering” damages. Often,

the injuries a victim suffers in a personal injury accident go beyond

the physical. Therefore, the non-economic portion of a damage

award or settlement is intended to compensate a victim for things

such as pain and suffering, disfigurement, mental anguish, disability

and loss of capacity for the enjoyment of life. The subjective nature

of non-economic damages make them much harder to quantify.

PUNITIVE DAMAGES

The goal of compensatory damages is put a victim back in the position he

or she was in prior to the accident. Punitive damages, on the other hand,

are intended to punish the defendant for wrongdoing. Consequently,

punitive damages are not available in all personal injury lawsuits. For

punitive damages to be awarded in Florida, the victim must show that the

defendant was guilty of “intentional misconduct” or “gross negligence.”

Florida Statute 768.72 defines those terms as follows:

Intentional misconduct –“the defendant had actual knowledge of

the wrongfulness of the conduct and the high probability that injury

or damage to the claimant would result and, despite that knowledge,

intentionally pursued the course of conduct, resulting in injury or

damage.”

Gross negligence --“the defendant’s conduct was so reckless or

wanting in care that it constituted a conscious disregard or

indifference to the life, safety, or rights of persons exposed to such

conduct.”

Because of the numerous and disparate factors that can impact a damage

award or settlement in a Florida personal injury accident case it is always in

your best interest to consult with an experienced Florida personal injury

accident attorney immediately after an accident to ensure that your rights

are protected and that you are fully and fairly compensated for all of your

injuries.

Florida Statutes, 768.81 – Comparative Fault

Attorneys.com, The Basics of Florida Personal Injury Law

Florida Supreme Court, Standard Jury Instructions

ABOUT THE AUTHORS

Amanda Powers Sellers

Florida criminal defense lawyer, Amanda Powers Sellers,

has aggressively defended thousands of Florida criminal

cases. With over nine years of criminal jury trial

experience, she has the necessary background to represent

cases ranging from Driving under the Influence (DUI) to

First Degree Murder.

Amanda is a seasoned litigator and an aggressive negotiator. With a wealth

of experience she has proven that her gentle, but aggressive style of criminal

defense litigation consistently achieves results for her clients.

Jenna C. Finkelstein

Florida criminal defense attorney, Jenna Finkelstein, has

over sixty (60) criminal jury trials to her credit. Her

experience defending individuals charged with crimes in

the state of Florida ranges from domestic battery to DUI

Manslaughter, Sexual Battery, First Degree Murder and all

crimes in between.

She is passionate about the law and promises personal attention to all of her

clients and their individual needs. Jenna is a seasoned trial attorney who

knows the legal system and its players. Jenna and her team at the Law Offices

of Powers Sellers & Finkelstein, PLC, are committed to fighting for you.

Powers Sellers & Finkelstein, PLC 6344 Roosevelt Blvd. Suite B

Clearwater, FL 33760 727-531-2926

http://psffirm.com