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Recoverable Damages - Injury and Death Claims

Posted by attorney Robert King

I want you to know that if you are injured by someone else’s negligence, Florida law gives you the right to recover various types of damages:

Pain And Suffering: Ordinarily, the most “valuable" element of your bodily injury claim is the right to compensation for physical pain and mental anguish you have suffered and will endure in the future because of your injury. These general damages are in addition to and may be far more than the amount of your lost earnings and medical expenses, but there are conditions you must meet in order to recover these damages.

Medical Expenses: The cost of reasonable and necessary medical expenses incurred in the past and those that are reasonably certain to be incurred in the future because of your injury, are recoverable. These expenses include past medical expenses and future medical expenses which are the result of the original injury or that result from an increased susceptibility to future injury. All forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management are included.

Loss Of Earnings: You are also entitled to recover the loss of earnings suffered from your injuries. Thus, wages, commissions, bonuses and all other earnings and fringe benefits are recoverable.

Future Loss Of Earnings: If your injuries permanently limit your ability to earn, you can recover the value of the reduction in earning capacity within reasonable probability which will occur in the future. These damages compensate you for your lost earning power over the remainder of your working years.

Death: Damages for “wrongful death" are generally available for the wife, husband, parent and child of the deceased person. Sometimes, persons related by blood or marriage, who were dependent upon the deceased, may recover. Damages are not limited to economic loss and may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance or education. Damages are available for the deceased’s estate as well.

Disfigurement: If the injury causes scarring or other unsightly marks, you are entitled to recover for the disfigurement and humiliation or embarrassment associated with the disfigurement.

Damage To The Marital Relationship: Serious injuries to one spouse may cause damage to the marital relationship. If this occurs, you are entitled to recover for the loss of society, affection, assistance, conjugal fellowship and loss or impairment of sexual relations that occurs.

Damage To Your Vehicle Or Other Personal Property: You are entitled to be made whole for any damage to your personal property. Where they can repair your vehicle, you are entitled to recover the reasonable cost of restoring the vehicle to its condition before the collision. In addition, you may recover the cost of substitute transportation necessarily incurred while they are repairing your vehicle. If the cost of repair is more than the value of your vehicle (a “total loss"), you are entitled to recover the actual cash value of your vehicle before it was damaged.

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