The legal term for the compensation sought in a personal injury case is damages, and the goal is to make the victim whole again, at least from a financial standpoint.

Damages in a Florida personal injury claim are generally broken down into three categories.

Economic Damages (Special Damages)

These are the tangible, calculable losses you have suffered. They form the financial bedrock of a personal injury claim and include:

• Medical Bills: This covers everything from the initial emergency room visit and ambulance ride to surgeries, hospital stays, physical therapy, prescription medications, and any anticipated future medical care.
• Lost Wages: If your injuries prevent you from working, you may seek compensation for the income you’ve lost.
• Loss of Earning Capacity: If your injuries are permanently disabling and affect your ability to earn a living in the future, you may be compensated for this long-term financial loss.
• Property Damage: In a car accident, this would be the cost to repair or replace your vehicle.
• Out-of-Pocket Expenses: This includes costs like transportation to medical appointments or modifications needed for your home.

Non-Economic Damages (General Damages)

Not all losses come with a receipt. Non-economic damages are designed to compensate you for the intangible, human cost of an injury:

• Pain and Suffering: This compensates for the physical pain and emotional distress caused by the injury.
• Mental Anguish: This includes anxiety, depression, and other psychological impacts stemming from the trauma of the accident and injury.
• Loss of Consortium: This addresses the negative impact the injury has had on your relationship with your spouse.
• Diminished Quality of Life: If you no longer enjoy hobbies, activities, or daily life as you once did, this may be factored into your compensation.

Punitive Damages

Punitive damages are rare in Florida and are not intended to compensate the victim for losses. Instead, they are designed to punish the at-fault party for particularly reckless or intentional misconduct, such as in some drunk driving cases, and to deter similar behavior in the future.

Florida’s Modified Comparative Negligence Rule

With the passage of House Bill 837, Florida shifted from a pure to a modified comparative negligence system. Under the old rule, you could recover compensation even if you were 99% at fault. 

Now, if you are found to be more than 50% at fault for the accident, you are barred from recovering any damages. If you are 50% or less at fault, your compensation is simply reduced by your percentage of fault. This change makes having a skilled lawyer absolutely essential to prevent the defense from unfairly shifting more than 50% of the blame onto you.