Personal injury is a broad area of law that can encompass a variety of situations. If someone hurts you physically, emotionally, or psychologically due to their negligent, reckless, or intentional acts, they can be held liable for your damages. This means that they can be ordered to compensate you for the medical bills, property damage, pain and suffering, and other damages you incurred due to their behavior.
There are several ways personal injuries can occur. The most common way is through negligence, meaning that someone breached their duty, resulting in harm. Another way injuries can occur is through the intentional acts of another, such as assaults and other crimes. The third is based on a strict liability theory, which means that no one intended harm and no negligence occurred, but someone was injured.
Personal injuries can arise from a variety of incidents, such as:
- Traffic accidents
- Medical malpractice
- Defective drugs
- Defective products
- Slip and fall
- Nursing home neglect or abuse
- Negligent security
- Cruise ship injuries
- Boating accidents
- Swimming pool injuries or drownings
- Dog bites
- Wrongful death
If you have suffered an injury due to someone’s negligence or intentional acts, you could receive compensation. Contact Brill & Rinaldi, The Law Firm, to learn more about your legal options.
Types of Damages
When you make a personal injury claim, the goal is to be “made whole” for all the losses you suffered because someone else hurt you. The different kinds of personal injury compensation that you may be entitled to receive include the following:
- Economic damages. Determining the amount of economic damages you can receive is usually relatively simple to calculate — all you do is add up how much money you lost. Economic damages can include compensation for medical bills for treating the injuries, future medical costs for long-term or permanent injuries, lost wages for missed work due to the injury, future lost earnings if you cannot work, property damage, and any other out-of-pocket financial losses you experienced. For future losses, work with financial experts who can help you to estimate future care needs and lost earnings.
- Non-economic damages. Non-economic damages do not have a direct financial impact but will affect your quality of life. Some examples include physical and mental pain, which can interfere with your ability to do activities you once enjoyed. You are legally entitled to receive compensation for these losses. Non-economic damages can include payment for pain and suffering, emotional distress, loss of consortium, loss of companionship, loss of enjoyment of life, and disfigurement. These damages can be harder to calculate. Insurance companies may use a per diem method, which pays you money on a daily basis (often a day’s wages) for any days in which you are in pain. There is also the multiplier method, which multiplies your economic damages by a set number (usually 1.5 to 5 times the actual damages). This will depend on the severity of your injuries.
- Punitive damages. If a person’s conduct was intentionally harmful or extremely reckless, it is possible to receive punitive damages. Punitive damages are not awarded in most cases. When they are, they are not designed to pay for your actual losses. Instead, they are meant to punish the defendant for harming you. The court decides the amount of punitive damages that the defendant should pay you based on the severity of injuries and other losses you suffered. Some states have damage caps on punitive damages. Florida is one of those states. The state limits punitive damages to three times the total amount of compensatory damages (economic and non-economic damages combined), or $500,000.
The best way to get full and fair compensation is to contact an experienced personal injury lawyer. Your attorney can maximize the amount of compensation you can receive by gathering evidence. This can help prove liability and the extent of your losses. Providing proof that the defendant was at fault can maximize your compensation.
There are two different ways to get the compensation you deserve. You could settle outside of court or move forward with an injury lawsuit. A settlement involves negotiating with the defendant or insurance company to reach an agreement. When you do so, you give up any future claims, so the amount you receive is final. That is why it is important to negotiate the settlement aggressively. Do not let the insurance company lowball you.
A lawsuit involves going to court. You will have to prove your case in front of a judge and jury, who will make a decision about the compensation.
Settlements can be easier and quicker since they are settled before court. It can take a long time to get a court date. Going to court is always risky, as you do not know what will happen. You could receive a lot less than you expected. Plus, there is paperwork and deadlines to contend with. Your lawyer can help.
Contact Us Today
A personal injury claim can result in a variety of damages, including physical, emotional, and economic ones. Depending on the severity of your injuries, you could receive hundreds of thousands or even millions of dollars in damages.The team at Brill & Rinaldi, The Law Firm, can help you with the process of handling a personal injury claim from start to finish. We will help you get the most compensation possible. Schedule a free consultation today by calling (954) 876-4344 or filling out the online form. We have offices in Weston, Coral Gables, and Daytona Beach.