Under Florida law, car accident victims may claim compensation for the injuries and other damages that they sustained as a result of the car accident. Here is a list of the common types of compensation available:
• Property damage. If the car accident damaged your vehicle or any other property inside your vehicle, you may be compensated for the repair costs, car rental expenses, replacement, and the costs associated with the replacement (tax, tag, title, etc.). In addition, if your property is now worth less than it was before the accident, you may also be entitled to compensation for the diminution of value for your property.
• Past and future medical expenses. All your medical expenses relating to the injuries you sustained as a result of the accident are compensable. This includes past and future expenses for travel costs to and from your medical treatments, long-term care, surgery, medication, hospital stay, physical therapy, medical devices (crutches, wheelchairs, etc.), and home modifications (wheelchair ramps, grab bars, etc.).
• Loss of income and benefits. Lost wages, salary, or commission are the earnings that you lost or will lose as a result of the car accident. If you can no longer work, need to change jobs, took a pay cut, lost the ability to work overtime, or missed days at work, then the difference of what you were earning before and after the accident is compensable. Compensation also includes any lost vacation days and employer contributions to your health care or retirement fund.
• Cost of lost services. If you were not (or will no longer be) able to do things that you used to do as a result of the car accident, you may be compensated for the amount you will need to pay for someone else to do those things for you. Compensation includes services for mowing the lawn, repairing the car, cleaning the house, running errands, and taking care of your children.
• Pain and suffering. This refers to the physical pain and mental anguish that you felt as a result of the car accident. This includes side effects from medication, pain, shock, worry, anxiety, nervousness, fright, depression, embarrassment, and grief.
• Disfigurement. If you were scarred, lost any limb, eyesight, hearing, fingers, or toes as a result of the car accident, you may be compensated for your disfigurement.
• Physical impairment. If you have a significant deviation, loss, or loss of use of any body structure or body function because of the car accident, you may be compensated for your physical impairment.
• Loss of consortium. If your loved ones were negatively impacted by your car accident, they may be entitled to compensation. This includes their inability to enjoy the same love, affection, and companionship that they enjoyed with you prior to your car accident.
• Punitive damages. Punitive damages are generally available if you were injured in a car accident because the other driver was grossly negligent or his misconduct was intentional. For example, the other driver may have been drunk, texting, knowingly did not maintain his or her car in a safe manner, or was driving at an extremely reckless speed. Florida law limits the amount of punitive damages to three times the amount of compensatory damages or $500,000.00, whichever amount is greater.