Florida Injury and Premises Liability Damages
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UPDATED: Jun 19, 2018
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The basic rule of recovering damages after filing a Florida personal injury claim is that you are entitled to damages if your injury is the foreseeable result of negligent action by the property controller. For example, if someone stores gasoline and newspapers in a garage next to the street, it’s reasonably foreseeable that a car parked on the street in front of the garage might be destroyed or damaged in a fire or explosion. Or, if a person has a pool with a diving board and fails to warn people that the water in the pool is only 5 feet deep, it’s reasonably foreseeable that a person diving off the board might break their neck (or at least suffer a serious head injury).
Economic damages include expenses and loss of belongings with monetary value. Damaged property such as cars, houses, livestock, and so on would be a form of economic damage. Medical expenses include medical treatments, drugs, transportation, physical therapy, and other recovery-related services. There are present medical damages—those incurred up to the time of settlement or trial. There may also be future medical expenses if the injury will require further medical care.
An injured person may also need to hire others to perform services like shopping, cooking, driving, cleaning, and other day-to-day tasks they formerly performed themselves. These costs are considered allowable expenses while the injured person is recovering or if they are permanently disabled.
Lost wages are another type of economic damage. Like medical expenses, these are divided into present and future losses. The amount of wages lost up to the time of settlement or trial is usually easy to determine. More difficult is gauging future wages lost if the injured person will not be able to work again for some time, or at all. Future wages are recovered in what is called “present value.” This means that the injured person is awarded the amount of money that, if invested conservatively, could be expected to bring in the wages he or she would have earned if the accident hadn’t happened.
Non-economic damages are for pain and suffering. Suffering has a value, but the value isn’t considered economic. These kinds of damages can be recovered by the injured person and also by their family, who may have lost their companionship, care, or sexual contact.
In this context the notion of “suffering” isn’t just physical pain; it includes emotional pain as well. If you or your family members become depressed because of your injuries or because of the way the injuries affect your life or relationships, you may be able to recover damages for that suffering. Physical pain is rated from severe to slight, and this helps to determine how much the injured person is entitled to receive in compensation. Juries and judges also consider whether the pain is constant or sporadic.
If You Have A Claim
If you would like to have your case evaluated by an experienced Florida premises liability attorney, fill out our case evaluation form at no cost or obligation. For more information about Florida premises liability claims, see Florida Personal Injury and Premises Liability Claims. To learn more about who is responsible in a Florida premises liability claim, see FreeAdvice’s article describing who is responsible. For more information about Florida premises liability lawsuits, see Florida Personal Injury and Premises Liability Lawsuits. If you would like to learn more about Florida premises liability lawyers and attorneys, see the article on Florida Personal Injury Premises Liability Attorneys & Lawyers.