Florida law allows people who have been injured by another party’s negligent, reckless or intentional conduct to seek compensation for their losses. This compensation may be recovered through a personal injury lawsuit. The at-fault party’s liability insurer may agree to a settlement, or the case may go to trial.
It is up to a skilled attorney to gather evidence in a personal injury case that will allow the lawyer to correctly calculate the damages that should be sought.
Frank M. Eidson is an experienced personal injury lawyer. He understands the emotional, physical and financial stress suffered by those who are injured through no fault of their own. The legal team at Frank M. Eidson, P.A., seeks to set our client’s mind at ease and take care of the legal details while the client recovers.
The following is a summary of damages that may be sought in a personal injury claim. The amount recoverable, of course, depends on a case’s facts. To discuss your unique facts, please contact us today. We can provide a free consultation
A component of your personal injury claim may involve property damage. Typically, the claim involves damage to a vehicle. However, it may cover any property that has been damaged or destroyed due to another’s wrongful conduct, including towed vehicles, tools, equipment, jewelry, clothing and real property. The cost to rent a car after a car accident may be sought as well.
These are costs to you for treating your injury. Damages should include past and future expenses, including:
Ambulance ride and emergency room care
Hospitalization and surgery
Prescription and over-the-counter medication
Physical, psychological and vocational rehabilitation therapy
Any assistive devices you may need to rent or buy.
Medical expenses typically are shown through receipts and the testimony of medical experts who can attest to a plaintiff’s future medical needs.
All wages, or salary, and any additional income you are unable to earn during your recovery or due to a disability should be calculated and sought in your claim. The calculation should include the value of fringe benefits, bonuses, commissions, stock options and other forms of past and future compensation. A projection of future losses should include opportunities for raises, promotions, partnerships and other payments you would have derived from career advancement.
Pain and Suffering
Pain and suffering damages are often described as “subjective.” In other words, it is typically up to a jury to decide the amount of damages a person is entitled to receive based on their physical pain from an injury and the suffering it has caused the person to endure. This includes emotional trauma, mental anguish, loss of enjoyment of life and/or loss of companionship and consortium with a spouse.
An attorney may ask for a specific amount at trial or in settlement negotiations with the at-fault party’s insurance company. Damages for pain and suffering typically will be higher in cases involving scarring, disfigurement or permanent disability.
A jury may award additional compensation when it finds the at-fault party’s conduct was intentional, willful, wanton or malicious. Punitive damages are intended to punish the defendant and discourage the type of conduct the defendant engaged in.
Frank M. Eidson, P.A., serves clients throughout Orlando, Winter Park and the state of Florida. We want to help you to get your life back on track after an injury through no fault of your own. Contact us today by phone or through our online form to schedule a free consultation.
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If you have been injured in an accident, turn to Frank M. Eidson P.A. Whether your case is a simple collision or a complicated auto wrongful death case, contact personal injury lawyer Frank Eidson today to schedule your free consultation.