
Damages are the remedy in civil cases when someone causes another person harm or injury. Their purpose is to make the injured party “whole” again. In a Florida personal injury case, victims can recover two types of compensatory damages. The first type of damages compensates victims for financial losses (i.e., economic damages).
The second type of compensatory damages compensates victims for their pain and suffering. This category is called non-economic damages. Even though these damages are intangible, victims may still be entitled to them. A Florida personal injury lawyer can help you pursue a claim for all damages caused by a negligent or careless party.
Examples of Non-Economic Damages in a Florida Personal Injury Case
Each person suffers from injuries and trauma differently. However, common categories of non-economic damages include:
Physical Pain
Injuries often lead to persistent pain and distress, with some cases resulting in long-term suffering. For certain individuals, this pain can be so intense that it severely limits their ability to function. Beyond the initial injury, the medical treatments needed for recovery can also bring about discomfort and additional pain. In some instances, victims may experience ongoing pain that endures for months, years, or even for the rest of their lives.
Mental Anguish and Emotional Distress
Being involved in an accident is a traumatic experience. In addition to physical injuries, victims may suffer from psychological injuries. Symptoms of emotional distress may manifest in numerous ways including, but not limited to:
- Anxiety and fear
- Chronic depression
- Isolation
- Nightmares and terrors
- Problems eating too little or too much
- Lack of energy
- Feelings of hopelessness and helplessness
- Sleeping problems
- Embarrassment
- Post-traumatic stress disorder (PTSD)
The emotional distress caused by a personal injury can be debilitating. A person may be unable to work or perform daily activities. In addition to medical treatment, many victims require counseling and therapy to deal with their emotional distress.
Disabilities and Impairments
Injuries may result in life-long impairments and disabilities. Catastrophic injuries that cause impairments include, but are not limited to, traumatic brain injuries, spinal cord injuries, amputations, paralysis, and internal organ damage.
Impairments and disabilities can require 24/7 personal and nursing care. They may also increase emotional distress, embarrassment, and depression. Because a person may be unable to work, impairments may also increase the value of economic damages, specifically lost wages and medical bills.
Diminished Quality of Life
An injury changes your life in some way. The changes may be temporary while you recover from your injuries. If a person sustains a permanent impairment, they may experience life-altering changes that disrupt every aspect of their lives, including physical, financial, and emotional elements.
How Do You Calculate the Value of Non-Economic Damages for a Florida Personal Injury Case?
Florida statutes do not provide a standard formula for determining how much a person’s non-economic damages are worth. Putting a price on someone’s suffering is impossible because of the subjective nature of these damages. Many factors impact suffering, including:
- The injuries the victim sustained
- The duration of their recovery
- The medical treatments they require
- Whether the injuries cause impairments and disabilities
- The level of scarring and disfigurement
- The impact the injuries have on their daily activities and relationships
- Whether they can return to work or perform any type of work to earn income
There are two common methods for calculating pain and suffering damages based on the factors of the case.
Per Diem
The per diem method assigns a daily value based on the factors of the case. The per diem is multiplied by the number of days it took for the person to recover. The result is the value of non-economic damages. The per diem method is commonly used when a person does not sustain permanent injuries.
Multiplier Method
The second approach involves using a multiplier based on various factors in the case. This multiplier typically ranges from 1.5 to 5. To calculate the value of pain and suffering damages, the economic damages are multiplied by this factor.
This method is commonly applied in cases involving permanent injuries. For catastrophic injuries or disabilities, the multiplier tends to be higher. For example, if you suffer from paralysis or permanent brain damage, the multiplier in your case could be as high as five.
What Is the Statute of Limitations for Non-Economic Damages in Florida?
The Florida statute of limitations for negligence-based personal injury lawsuits is two years as of March 24, 2023. Cases originating before that date may have a longer statute of limitations for lawsuits. Missing the deadline to file a personal injury lawsuit may bar you from recovering damages.
The statute of limitations can be changed by exceptions to the rules, different types of cases, and other factors. The best way to avoid missing the deadline is to seek legal advice after an injury or accident as soon as possible. Contact a personal injury lawyer today for a free consultation.
Schedule a Free Consultation With a Lakeland Personal Injury Lawyer Today
Were you recently involved in an accident in Lakeland or another surrounding area in Florida? You could be entitled to compensation for non-economic damages. Contact our personal injury lawyers from Thomas C. Grajek, Attorney At Law, at (863) 999-9000 to learn about your legal options and fight for your case. Our office is conveniently located at 2306 S. Florida Ave. Lakeland, FL 33803.