Damages you may be entitled to in a motor vehicle negligence claim include:
•Bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, and loss of capacity for the enjoyment of life
•Past and future medical and incidental expenses
•Loss of earnings, loss of employment benefits, and loss earning capacity
•Repair or replacement of plaintiff’s motor vehicle
•Loss of use of plaintiff’s motor vehicle
•Spouse’s loss of consortium
TYPES OF DAMAGES INCLUDE
- COMPENSATORY DAMAGES
Are a sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another.
There are two types of Compensatory damages, General and Special.
-GENERAL Damages are non-economic damages that compensate victims for non-monetary harm suffered as a result of the negligence of the defendant. General Damages include: Bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, and loss of capacity for the enjoyment of life, loss of consortium.
-SPECIAL Damages are economic in nature and compensate the plaintiff for their quantifiable financial loss. Special damages include: Past and future medical and incidental expenses, Loss of earnings, loss of employment benefits, and loss earning capacity, Repair or replacement of plaintiff’s motor vehicle, Loss of use of plaintiff’s motor vehicle
- PUNITIVE DAMAGES
Punitive damages are appropriate when a defendant engages in conduct that is fraudulent, malicious, deliberately violent or oppressive, or committed with such gross negligence as to indicate a wanton disregard for the rights of others [W.R. Grace & Co. v. Waters, 638 So. 2d 502, 503 (Fla. 1994)].
Punishment and deterrence are the policies underlying punitive damages [W.R. Grace & Co. v. Waters, 638 So. 2d 502, 504 (Fla. 1994)]. The Florida Supreme Court has stated that punitive damages are favored as a means of correcting wrongs in areas not covered by the criminal law. Moreover, such awards aid in maintaining public order by permitting a wronged plaintiff to seek redress in the courtroom rather than by illegal means [Campbell v. Gov. Employees Ins. Co., 306 So. 2d 525, 531 (Fla. 1974)].
PLEASE SEE OUR WRONGFUL DEATH BLOG FOR WRONGFUL DEATH DAMAGES DISCUSSION.
For more information and help with your personal injury matter contact The Bijoux Law Firm.
CALL TOLL FREE: 844-9-HANDLE (844-942-6353)
Bijoux Law Firm
110 SE 6th Street Suite 1700
Fort Lauderdale, FL 33301
Office Phone: (954) 363-0320 Ext. 9033