What Compensation Can I Receive After a Car Accident in Florida?

The compensation received by victims of car accidents in Florida includes medical expenses, lost wages and loss of earning capacity where applicable, as well as non-economic compensation that refers to the non-materials losses, such as mental anguish, loss of consortium, inconvenience, etc.

According to Florida law, car accident damages are divided into 2 categories: economic and non-economic damages. Victims or their surviving family members, in the case of a fatal accident, are entitled to both types of compensation.

Economic compensations cover:

  • Medical expenses, including fees for emergency room visits, hospital care, surgery, assistive devices and appointments with medical professionals
  • Future medical expenses, if they are related to injuries suffered in the accident
  • Lost wages during the time of the accident and the conclusion of the lawsuit
  • Loss of earning capacity, in case the victim can prove his abilities to work and earn money have been negatively impacted

Non-economic compensations cover:

  • Pain and suffering: the amount will be established depending on the extent of the injuries and the time the victim is expected to suffer
  • Mental anguish: covers different forms of emotional distress resulted from the accident
  • Loss of consortium: can be awarded for loss of marital benefits, including companionship, sexual relations, affection, and comfort

The pain and suffering damages are a non-economic loss that cannot be calculated exactly. The amount victims can claim is not clearly defined as there are no bills or receipts, but it is required to provide proof of all the loss incurred due to the accident. It is hard to put a dollar amount on pain and suffering but to have an idea about what victims are facing, one could calculate that pain requires medication that can cause addiction and lead to kidney failure. Severe long-term pain might develop depression and lead to suicidal thoughts or behavior.

The amount of pain a person may experience is different in every case, so to have a realistic and plausible claim it is important to work together with an experienced personal injury attorney. For an attorney, it will be much easier to provide proof of your suffering and to hire expert witnesses to support your case. In order to obtain maximum compensation, the judge or jury will have to be convinced beyond reasonable doubt that the victim is in pain.

Benefits according to the Florida Statute

The Florida Statute 627.736 describes what benefits are available after car accidents as part of a personal injury protection plan. These benefits include:

  • Medical benefits: "80% of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services"
  • Disability benefits: "60% of any loss of gross income and loss of earning capacity per individual from the inability to work proximately caused by the injury sustained by the injured person"
  • Death benefits: "Death benefits of $5,000 per individual. Death benefits are in addition to the medical and disability benefits provided under the insurance policy."

For more detailed information, please consult the Florida Statute 627.736.

In addition to personal injury benefits, car accident victims can also be reimbursed for property damages, mainly damages sustained by the vehicle involved in the crash but also for other items inside the vehicle that were affected. Call our Miami based office today at 305.416.9805.

For questions and free legal advice to help individuals please call us

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