Non-economic damages are the remedy the law provides for the pain, suffering, and distress an injured victim experiences. The courts cannot undo the actions of a party that caused harm and injury to someone.
However, they can award the victim compensation for these damages. Contact a personal injury lawyer for help with these cases.
Examples of Non-Economic Damages in an Orlando Personal Injury Case
All personal injuries and accidents cause a level of pain and suffering. Examples of non-economic damages you could receive for a personal injury claim include:
Emotional Distress and Mental Anguish
Sustaining an injury and being involved in an accident can cause severe emotional distress and mental anguish. Emotional distress can occur because of the trauma of being in an accident. Physical injuries and the medical treatments required to care for the injuries can cause mental anguish.
Examples and signs of emotional distress include, but are not limited to:
- Depression
- Severe anxiety
- Post-traumatic stress disorder (PTSD)
- Night terrors
- Psychological disorders and mental illness
- Withdrawal and isolation
- Problems with sleep
- Headaches
- Sudden mood changes
Chronic and severe emotional distress can interfere with daily activities and work. Proving emotional distress and other non-economic damages can be challenging. Keeping a pain and suffering journal with details of your recovery can help.
Physical Pain and Discomfort
All injuries cause some level of physical pain and discomfort. The type and severity of the injuries impact your level of pain. The medical treatments you must endure can cause additional pain.
Permanent Impairments, Scarring, and Disfigurement
Some personal injuries cause disabling conditions, scarring, impairments, and disfigurement. If this happens to you, you can demand compensation for these conditions. Factors that impact the value of your claim include the type of injury, severity of impairment or disfigurement, and your appearance after the accident.
Diminished Quality of Life and Loss of Enjoyment of Life
Diminished quality of life and loss of enjoyment of life may be temporary or long-term. It refers to how your life changes because of your injuries. For example, a spinal cord injury that causes paralysis could decrease your quality of life indefinitely.
However, a broken leg might cause a temporary loss of enjoyment of life until you heal. The broken leg might prevent you from engaging in your favorite activities, and you might miss important events.
An experienced Orlando personal injury attorney understands how to value these damages by using the facts of your case and the evidence in your case. Insurance companies downplay and undervalue these damages.
Florida’s Modified Comparative Fault Law Applies to Non-Economic Damages
Contributory negligence bars an injured person from seeking compensation for their damages because they are partially to blame for the cause of the injuries. However, Florida does not use this harsh standard. Instead, Florida has a modified comparative fault law with a 50% bar for recovery.
If your blame for causing your injuries is greater than 50 percent, you cannot recover compensation for your claim. However, you can receive some of your damages if you are less than 51% at fault. The amount you receive is reduced by the level of fault assigned to you by the jury.
How Long Do I Have To File a Claim for Non-Economic Damages in Florida?
Your non-economic damages are part of your personal injury claim. Most personal injury claims based on negligence have a two-year statute of limitations.
Medical malpractice and wrongful death cases have a two-year deadline as well. Strict liability and intentional tort cases generally have a four-year deadline.
Exceptions to the statute of limitations and the circumstances of your case could change the time limit to file lawsuits. We urge injured parties to seek legal counsel as soon as possible after an injury. The courts can dismiss personal injury lawsuits filed after the statute of limitations expires.
What Personal Injury Cases Could Result in Non-Economic Damages?
Non-economic damages are available in all types of personal injury claims. Examples of personal injury cases that could result in a claim for non-economic damages include, but are not limited to:
- Automobile accidents, including cars, trucks, motorcycles, buses, and more
- Dog bites and animal attacks
- Workplace accidents
- Medical malpractice
- Bicycle and pedestrian accidents
- Defective products (product liability)
- Construction accidents
- Nursing home abuse
- Boating accidents
- Slip and fall accidents (premises liability)
- Assault and intentional torts
An experienced Orlando personal injury attorney can review your case and explain your legal options. Valuing non-economic damages is very difficult. Seeking legal advice can help you avoid accepting a settlement offer from an insurance company that is lower than your damages are worth.
Schedule a Free Consultation With Our Orlando Personal Injury Lawyers
An accident or personal injury causes financial losses, but a victim may also experience significant pain and suffering damages. You deserve compensation for the suffering you experienced because of another party’s negligence or wrongdoing.
Contact Norden Leacox Car Accident And Personal Injury Lawyers at (407)-801-3000 to schedule a free consultation with an Orlando personal injury attorney and discuss your case.