Non-economic damages in Florida cover compensation for losses that do not have an exact dollar amount. Interestingly, these damages are related to the emotional and physical impacts of an injury rather than economic impacts. Injured persons in Florida can recover non-economic damages provided that certain legal requirements are met.
Several factors are taken into consideration to calculate noneconomic damages. The first factor is the impact of the injury on the injured person’s life. This factor is subjective and therefore needs to be supported by good medical evidence.
Physical Pain and Suffering
Physical pain and suffering is one of the first types of non-economic damages. This includes ongoing discomfort, pain, reduced mobility, and physical limitations due to an accident.
When an accident results in serious injury, such as damage to the spine, nerves, or orthopedic problems, it can cause a significant amount of pain and suffering. The courts will examine medical records and physician testimony to determine the level of functioning.
Emotional Distress and Mental Anguish
Emotional distress is a form of non-economic damage. It deals with the mental and emotional state of a victim, which results from the accident, such as depression or post-traumatic stress disorder (PTSD). In Florida, negligence claims usually must relate to a physical injury.
For example, one may have sleeping issues, mood changes, or flashbacks long after the incident. Typically, the courts will consider mental health assessments and therapy records to establish the seriousness of the emotional injury.
Loss of Enjoyment of Life
The loss of enjoyment of life can occur when you are no longer able to participate in activities that you value. Such events may include hobbies, exercising, travelling, or attending family events.
For instance, a chronic knee injury may prevent someone from engaging in running and other sports. In determining damages, courts assess the injury’s impact on the person’s activities and ability to enjoy life.
Permanent Disability or Disfigurement
Under Florida law, non-economic damages also include a permanent disability or a change in the physical condition of your body. These may include amputation, scarring, permanent loss of mobility, or any permanent physical impairment.
Injuries of this kind often extend beyond the physical. For example, being disfigured can alter a person’s confidence, relationships, and quality of life.
Loss of Consortium
A serious injury can negatively impact a marriage, as seen in a loss of consortium claim. A spouse may claim damages for the loss of companionship, affection, emotional support, or sexual intimacy.
Courts in Florida understand that when someone suffers serious injuries, the repercussions are not just felt by that individual. The spouse and other family members may also be affected. These claims are usually filed at the same time as the personal injury claim.
Key Takeaways
Non-economic damages are awarded to victims as compensation for personal losses that are not financial in nature. It is imperative to know what constitutes non-economic damages in Florida so that victims can claim all damages to which they are entitled.
What you need to know:
- Non-economic damages are awarded to victims as compensation for personal losses that are not financial in nature.
- Physical pain and suffering constitute non-economic damage.
- Emotional distress caused by physical injury constitutes non-economic damage.
- Loss of enjoyment of life constitutes non-economic damage, provided that daily activities limit it.
- Permanent disability and disfigurement constitute non-economic damage.
- Loss of consortium occurs when a marital relationship is damaged.
These damages recognize that the actual cost of an injury goes far beyond medical bills and lost wages. They factor in ways the victim’s life has been permanently impacted.
By: Chris Bates
