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Damages You Can Seek in a Car Accident Claim

by | Dec 4, 2020 | Car Accidents

A car accident is a traumatic experience that may result in damage to your property as well as injuries causing short-term or long-term limitations. Under the personal injury laws of Florida, you are entitled to seek compensatory damages for these losses. In the first instance, you must seek these losses from your own insurer. However, you can also seek damages from the at-fault party in some cases.

In either case, it is important to understand what damages you can seek in a car accident claim. Here is a brief look at these.

Medical Costs

In the wake of a car accident, you may find yourself facing steep medical costs from the crash-related injury. If you are also bedridden and losing your wages at the same time, the medical expenses can put you in a tight spot financially. This is why it is possible for car crash victims to seek damages in lieu of the medical costs directly caused by the accident.

Medical costs covered in a car accident claim can include:

  • The fees charged by a physician for your checkup, diagnosis, and treatment
  • Costs of traveling to and from a hospital or another medical facility
  • Costs of any medical tests and procedures needed during treatment
  • Long-term costs of rehabilitation and therapy
  • Costs of specialized equipment such as wheelchairs that may be needed

Lost Wages

A car accident may leave you unable to go back to your work for several days, weeks, or even months and years. The actual time will depend on the nature and severity of your injuries. As with the unexpected medical costs, you may find yourself under financial strain when you can no longer earn your wages. This is why the personal injury laws in Florida allow you to seek lost wages as a part of a car accident compensation claim.

Lost Earning Capacity

An injury may be severe enough to prevent you from resuming work in the foreseeable future. This is typically the case when an injury causes disability or limitation. Such a disability or limitation may be total or partial. A partial or limited disability is when you can still work but no longer in the same line or position as you did before. In the case of a permanent or total disability, it is relatively easier to seek compensation for the lost future wages. However, it may be slightly harder to claim damages for a partial or limited disability.

Property Damage

Your car may suffer damage in a crash and you may also face other forms of property loss or damage such as a cracked smartphone screen or a broken laptop in the vehicle. All of these losses are covered under car accident damages. However, it is important to demonstrate that the property damage losses you claim are directly caused by the car crash.

Pain and Suffering

Florida laws also allow you to recover pain and suffering damages in personal injury cases. Pain and suffering damages refer to an intangible concept which is why they are regarded as non-economic damages. Such damages may be sought for both physical and mental pain and suffering. A number of factors are used to calculate the actual amount of these damages. These include:

  • Nature and severity of the injuries
  • Age of the injured person
  • Economic losses involved in the crash
  • Long-term consequences of the injuries

Typically, the pain and suffering damages are calculated by multiplying the economic damages by a certain number. The greater the pain and suffering, the larger is the multiplier used in the calculations.

It is important to note here that Florida is a no-fault state. This means that the victim of a car crash injury must turn to his or her own insurer in order to recover economic damages. When it comes to pain and suffering damages, you can sue the negligent party only when certain thresholds are reached.

For instance, if the injury results in a permanent or significant loss of bodily functions or disfigurement, you may be entitled to seek pain and suffering damages. Similarly, you can also seek these damages for permanent scars caused in a car crash.

Hiring Reliable Lawyers in Fort Lauderdale

If you have sustained injuries or property damage in a car accident in Fort Lauderdale, it is important that you hire the right lawyers. With a qualified attorney on your side, you can meet various legal requirements and file a compensation claim without losing any time. Here at Englander Peebles Law Firm, we specialize in helping car crash victims recover the maximum amount of compensatory damages. Contact us today for a free in-person session with our attorneys.