What Compensation Can I Receive for a Swimming Pool Injury in Florida?

The compensation that you can receive for a swimming pool injury should cover for any lost wages, medical bills, severe mental or physical impairment, pain and suffering, and loss of earning potential. There are no caps on the damages received for swimming poll injuries, as Florida law caps only punitive damages.

In Florida, there are no limitations when it comes to damages for pain and suffering in personal injury cases. Depending on the circumstances of the accident and the severity of the injury, family members of the injured victim can collect non-economic damages. The primary economic and non-economic damages that can be awarded in a swimming pool injury claim are:

  • present and future lost wages;
  • loss of earning potential;
  • loss of enjoyment of life;
  • medical care and hospital bills;
  • other out-of-pocket or unforeseen expenses related to the injury;
  • pain and suffering;
  • loss of consortium and companionship;
  • severe mental or physical impairment.

A court can also order payment of punitive damages in a swimming pool accident, which is awarded to punish the defendant for his or her actions. This type of award usually requires a showing of willful, wanton, or malicious action and is frequently difficult to obtain.

However, most personal injury cases do not allow for punitive damages. Also, Florida has a damage cap statute when it comes to punitive damages. The state limits punitive damages to three times the amount of compensatory damages or $500,000, depending on which is greater.

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