If you’ve been injured, you may be entitled to compensatory or punitive damages. But what’s the difference?
If you’re injured because of someone’s negligence in Florida, you may be entitled to compensation (also called damages) through a personal injury claim. But understanding the difference between the various types of damages and which ones you may be entitled to under Florida law can be confusing.
In Florida, there are two main types of damages: compensatory and punitive. Below, we’ll discuss the differences between the two and the situations in which they might be awarded.
If you’ve recently been in a car accident, motorcycle accident, slip and fall, pedestrian accident, or any other kind of personal injury accident in Florida, don’t settle for less than you deserve.
The experienced Tampa personal injury attorneys at Lorenzo & Lorenzo can calculate the full value of your claim and negotiate with the insurance company to get you maximum compensation. Learn more by scheduling your free consultation today.
What’s the difference between compensatory and punitive damages?
The key difference between compensatory and punitive damages lies in their purpose.
Compensatory damages
Compensatory damages are the most common damages awarded in personal injury cases. These damages, as their name suggests, are used to compensate the victim for their losses associated with the injury. Compensatory damages can further be divided into economic and non-economic damages.
Economic damages
Economic damages are intended to compensate for tangible financial losses resulting from the injury. These typically include:
- Medical expenses. Covers past, current, and future medical bills, including hospital stays, surgeries, medication, rehabilitation, and physical therapy.
- Lost wages. Compensation for income lost due to time missed at work while recovering from the injury.
- Loss of earning capacity. If the injury impacts your ability to work in the future, this compensates for diminished earning potential over your lifetime.
- Property damage. Reimbursement for repair or replacement of damaged property, such as a vehicle in a car accident.
- Out-of-pocket expenses. Includes costs for travel to medical appointments, assistive devices (like wheelchairs), and home modifications to accommodate a disability.
Non-economic damages
Non-economic damages address the emotional and psychological toll the injury has on your life. These damages are more subjective and can include:
- Pain and suffering. Compensation for physical pain caused by the injury.
- Loss of enjoyment of life. Covers the inability to participate in hobbies, activities, or experiences that brought joy before the injury.
- Emotional distress. Addresses anxiety, depression, or emotional trauma caused by the accident or injury.
- Loss of consortium. Compensation for the negative impact the injury has on a relationship with a spouse or family, such as loss of companionship, affection, or intimacy.
In addition, if a wrongful death is involved, the victim’s family may be entitled to additional compensatory damages to cover funeral costs and loss of companionship.
Punitive damages
Punitive damages are less common but are sometimes awarded in conjunction with compensatory damages. Unlike compensatory damages, which are used to compensate the injured party, punitive damages are used to punish the liable party for exhibiting gross negligence or taking part in illegal activities that led to the accident in question. An example of this sort of behavior would be a drunk driving accident.
The goal with punitive damages is to hopefully deter the negligent person and others from acting in a similar way. In addition to punitive damages, the guilty party may also be criminally charged if their actions were illegal.
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How is compensation determined in a Florida personal injury claim?
With personal injury cases, the amount and types of damages a victim can be awarded depend on several factors. The severity of the victim’s injuries as well as the degree of negligence exhibited by the defendant are both considered when determining which damages are due and how much those damages are worth.
Determining compensatory damages
If negligence is proven and a victim’s injuries are a direct result, compensatory damages are awarded. The amount of economic damages can be calculated by adding up actual and estimated expenses.
While this can be relatively straightforward, non-economic damages are often much more difficult to quantify because they involve the personal and emotional toll of your injury. Factors like pain, suffering, and loss of enjoyment of life require compelling evidence and skilled legal representation to ensure you receive fair compensation.
Determining punitive damages
As far as punitive damages go, it’s important to understand that most personal injury cases don’t warrant punitive damages. As stated above, the defendant must have exhibited gross negligence or a willful disregard for the safety and well-being of others at the time of the accident.
The defendant’s actions and their respective severity are the determining factors in deciding whether punitive damages are due. Similar to non-economic damages, punitive damages are not determined by adding up expenses; instead, it’s up to the court’s discretion to decide how much should be paid.
Special considerations for car accidents in Florida
In most cases, Florida’s no-fault law requires drivers to use their personal injury protection (PIP) insurance to cover their own medical expenses and lost wages after a car accident, regardless of fault. This means that the amount and types of damages you’re entitled to after a car accident may differ from other personal injury claims unless your injury meets Florida’s serious injury threshold.
Because Florida’s laws around compensation can be complicated, always discuss your case with a knowledgeable Tampa personal injury attorney to ensure you understand how much your claim is worth before accepting a settlement offer from the insurance company.
Is there a cap on damages in a Florida personal injury claim?
The state of Florida currently does not have a damage cap for compensatory damages in personal injury cases; however, under Florida law, there are limitations in place to keep punitive damages from becoming excessive.
Except for specific circumstances, punitive damages are not permitted to exceed either 3 times the amount of compensatory damages awarded to a victim or $500,000, whichever is higher.
Where can I find the best Tampa personal injury attorney to help with my claim?
If you or someone you love has suffered a catastrophic injury or wrongful death due to someone’s negligence in Florida, you don’t have to face the legal system alone. The experienced Tampa personal injury attorneys at Lorenzo & Lorenzo understand how overwhelming this process can be, and we’re here to guide you every step of the way.
Our attorneys will answer your questions, explain your rights and legal options, accurately calculate the true value of your claim, and fight for the compensation you deserve. From navigating complex legal procedures to negotiating with insurance companies that often undervalue claims, our team is dedicated to maximizing your recovery. We know the stakes are high, and we’re committed to holding negligent parties accountable so you can focus on your healing.
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