Can I Recover Non-Economic Damages if I Was Injured in a Florida Accident?

Non-economic damages, also known as pain and suffering damages, are those damages that refer to abstract losses. They can include pain and suffering, the loss of enjoyment of life, all types of mental anguish and emotional distress, and loss of consortium. Considering that estimates cannot accurately evaluate these losses, it is strongly recommended to seek legal help. A good personal injury lawyer can help you get the compensation you deserve.

The term "non-economic damages" refers to compensation for subjective, non-monetary losses, harder to quantify in dollar value.

They are less concrete than economic damages and will be submitted to a jury's evaluation.

Examples of non-economic damages include:

  • Pain and suffering, both emotional and physical These damages refer to the physical pain and discomfort that you suffer after sustaining serious injuries, as well as the negative effects that you will likely suffer in the future.
  • Loss of consortium for spouses. Damages for the sufferings of not being able to participate fully in the give and take of marriage.
  • Mental anguish or emotional distress. These are types of injuries considered subjective because your reaction to an accident and injury will be particular and different from someone else's. Someone might develop depression and this may be an obstacle in performing common activities. For another person, however, pain and suffering may come from the inability - due to their injury - of lifting a grandchild.
  • Loss of enjoyment of life and inconvenience. Due to the injury, you may no longer be able to enjoy some activities you were previously able to enjoy. For example, you're deprived of the pleasure of engaging as equal with family members or other people, you're not able to participate in social and civic events, athletic activities, hobbies, and other interpersonal interactions.

Florida imposes no caps on non-economic damages. In car accident cases, although non-economic damages are not capped, there is a threshold for recovering pain and suffering damages: a doctor has to determine that you have a permanent injury.

Do you believe you have a personal injury case but need clarification on how to get started? Consider speaking with our Miami personal injury attorney. At The Law Offices of Sean M. Cleary, we can walk you through the complicated process of filing your claim and recovering the non-economic damages you deserve.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.