In a personal injury case, the legal goal is to make the victim whole again. This is a legal concept that simply means the compensation should, as much as possible, restore you to the financial position you were in before the accident. The compensation, called damages, is typically categorized into several types.

Economic Damages (Special Damages)

These are the tangible, calculable financial losses that resulted from your injury. Think of them as anything with a clear price tag attached. They include:

• Medical Bills: All costs for past and future medical care, including hospital stays, surgeries, physical therapy, prescription medications, and assistive devices.
• Lost Wages: Income you lost while unable to work during your recovery.
• Loss of Earning Capacity: If your injuries prevent you from returning to your old job or diminish your ability to earn a living in the future, you may be compensated for this loss.
• Property Damage: The cost to repair or replace your vehicle or other property damaged in the incident.

Non-Economic Damages (General Damages)

These damages cover the intangible, non-financial ways an injury has affected your life. While they don’t have a direct bill associated with them, their impact is very real. These include:

• Pain and Suffering: Compensation for the physical pain and discomfort caused by your injuries.
• Mental Anguish and Emotional Distress: This covers issues like anxiety, depression, fear, and sleep disturbances resulting from the traumatic event.
• Loss of Enjoyment of Life: Compensation for the inability to participate in hobbies, activities, or relationships you once enjoyed.

Punitive Damages

Punitive damages are different as they are not intended to compensate the victim, but rather to punish the at-fault party for particularly reckless behavior and to deter others from similar conduct. Under Florida Statute § 768.72, these damages are rare and are generally reserved for cases involving intentional misconduct or gross negligence, such as an accident caused by a severely intoxicated driver.

A Note on Florida’s Modified Comparative Negligence Rule

Florida law follows a rule called modified comparative negligence. It means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. 

However, if you are found to be more than 50% at fault, you are barred from recovering any damages at all. This 50% bar makes it essential to have a lawyer who will protect you from having an unfair amount of blame shifted onto you.