Accidents are bound to happen. Accidents can happen anywhere–out on the street, in the park, at the mall, at work, or anywhere else. They could be major or minor accidents, causing a wide range of injuries. As with all accidents, someone must be held responsible, especially when people have been injured.
If you have been injured, you are entitled to compensation. But first, you must file a personal injury claim against the at-fault party with the help of an Orlando Personal Injury Attorney. By filing a personal injury claim, you can hold the at-fault party accountable for their negligent actions that caused you harm. You can also recover the compensation you are entitled to for your injuries.
The types of injuries and damages suffered by the victim can vary on a case-by-case basis. For example, if it is an accident involving two cars, only the cars may have collided, and the drivers could be fine or have a few scratches on them. In that case, neither of the persons involved may need to file a personal injury claim against the other.
The reason for this is because Florida is described as a “no-fault” state. This means each driver’s insurance company pays for their policyholder’s injuries regardless of who was at fault. However, if the accident resulted in a serious injury, the victim’s insurance company may not cover all of their damages. In this case, the victim has the right to file a claim against the at-fault party’s insurance companyPersonal injury victims are entitled to several different types of compensation. Below is an overview of the different types of compensation available.
WHAT ARE THE DIFFERENT TYPES OF COMPENSATION AWARDED IN PERSONAL INJURY CASES?There are three main types of compensation in personal injury cases.
Economic DamagesPersonal injury victims are entitled to compensation for economic damages. Some examples of economic damages include medical expenses, lost wages, property damage, out-of-pocket expenses, and other tangible losses. This form of compensation reimburses the victim for what they have lost as a result of their injuries.
Non-economic damages refer to non-monetary losses that the victim has suffered as a result of their injuries. Examples of non-economic damages include emotional and physical pain and suffering, mental anguish, and loss of enjoyment of life.
It is hard to calculate non-economic damages since it is not easy to put a price on these non-monetary losses. That’s why you need to seek help from an experienced personal injury attorney who knows how to calculate the value of non-economic damages.
In most cases, there is no cap on non-economic damages. However, there is a cap on non-economic damages in medical malpractice cases in Florida. This cap is $500,000 in most cases, but it may be higher in cases involving severe injuries or death.
Personal injury victims may also be awarded punitive damages. Punitive damages are awarded in cases involving gross misconduct. These damages are not supposed to compensate the victim for their losses. Instead, this form of compensation is merely meant to punish the individual, group, or entity that is responsible for the victim’s injuries.
CAN I RECOVER COMPENSATION IF I WAS PARTLY TO BLAME FOR THE ACCIDENT?
Now, one thing to remember is that in personal injury claims, the defendant has a right to defend themselves. The defendant may say, for example, that you were partially to blame for the accident. If this is proven, it can affect the amount of compensation you are awarded. In other words, if you are partly to blame for the accident, your involvement could reduce the amount of compensation you are awarded.
Florida is a pure comparative negligence state. Under this law, victims can still recover compensation even if they are partly to blame for the accident. However, the compensation they are awarded is reduced to account for the role they played in the accident.
For example, if it is determined that you are entitled to $10,000 and you were 20% at fault for the accident, you will only receive $8,000. Your compensation is reduced by 20% to account for the role you played.
Recovering compensation in a personal injury claim is very important. Indeed, it is how some victims can get their lives back on track or move forward after an injury. It is important that victims fight for the compensation they are entitled to by law. That is why it is important to pursue a personal injury claim with someone who has enough knowledge of such matters, and it is best to act quickly because speed is critical.
If you have been injured, it is best to seek legal representation from an Orlando personal injury attorney. Your attorney will guide you through the process of filing a claim, give you honest advice, and help you overcome legal complications. If your case goes to court, your attorney will make sure you are able to get as much compensation as possible.