Truck accidents can cause serious injuries. Victims may face lasting physical, emotional, and psychological effects. Economic damages include clear financial losses, such as medical bills and lost wages. Non-economic damages, on the other hand, help victims with the less tangible effects of their injuries. These damages are key. They help accident victims get fair compensation for their pain.
If you or someone you care about gets hurt in a truck accident in Florida, knowing how non-economic damages add up can help. It’s important to understand the factors that affect your claim. This knowledge will make navigating the legal process easier. Read this blog by our truck accident attorneys in Florida.
What Are Non-Economic Damages?
Non-economic damages are payments for losses that can’t be measured in dollars. They are often harder to measure than economic ones. You can easily find economic damages with receipts, bills, and pay stubs. But non-economic damages depend on the specific situation of each case, so they can vary a lot.
Examples of non-economic damages in Florida include:
- Pain and suffering: Compensation for the physical pain and emotional stress from the accident and injuries.
- Emotional distress: Anxiety, depression, PTSD, and other psychological effects stemming from the accident.
- Loss of enjoyment of life: Not being able to do activities or hobbies you once loved.
- Loss of consortium: This is money given to spouses or family for losing companionship and support.
- Permanent disfigurement or disability: These damages cover injuries that cause lasting scars, amputations, or long-term impairments.
Damages can be subjective, so courts and insurance companies use different methods to value them in personal injury cases.
How Are Non-Economic Damages Calculated?
Insurance companies and courts usually use two main methods to value non-economic damages since they lack a fixed price.
The Multiplier Method
This method takes the victim’s total economic damages, like medical bills and lost wages, and multiplies them by a number between 1.5 and 5. The exact number depends on how severe the injuries are.
For example, if a victim has $100,000 in medical bills and suffers long-term pain, a multiplier of 3 might apply. This could lead to $300,000 in non-economic damages.
The Per Diem Method
The per diem method gives a daily dollar amount for the victim’s pain and suffering. It then multiplies this by the number of days they are expected to face hardship. For instance, if a daily rate of $200 is assigned and the victim is expected to suffer for 500 days, their total non-economic damages would be $100,000.
These calculations offer a guideline. However, insurance companies and courts look at individual case factors. These include medical evidence, expert testimony, and the victim’s personal story.
Factors That Affect Non-Economic Damages in Florida
Many factors affect the non-economic damages, such as:
- The severity of the injuries: Serious injuries such as paralysis, traumatic brain injuries (TBI), or amputations often result in greater non-economic damages.
- Impact on daily life: Courts consider how the injury affects a victim’s ability to work, engage in personal relationships, and enjoy life.
- Medical treatment and prognosis: The level of care required and the risk of long-term complications affect damage calculations.
- Expert testimony: Their opinions show how much pain, suffering, and emotional distress there is.
In Florida, if a victim is partly at fault for an accident, their non-economic damages might be reduced due to the modified comparative negligence law. Under this law, if you are partially responsible for the accident that caused your injuries, then your compensation is reduced by your percentage of fault.
Are There Caps on Non-Economic Damages in Florida?
Florida does not limit non-economic damages in most personal injury cases, like truck accidents. Truck accident victims may deserve substantial compensation for their pain and suffering. This is especially true for those with permanent disabilities or life-changing injuries.
The Role of PIP Insurance in Non-Economic Damages
Florida uses a no-fault insurance system. This means drivers need to have Personal Injury Protection (PIP) coverage. PIP pays for medical expenses and lost wages, regardless of who caused the accident.
However, PIP coverage:
- Only covers up to $10,000 in medical expenses,
- Does not provide compensation for non-economic damages like pain and suffering, and
- Is not available for truck accident cases that meet the serious injury threshold.
Truck accidents can cause serious injuries. Many victims seek compensation beyond PIP by filing a claim against the at-fault party or their insurance provider.
Filing a Lawsuit for Non-Economic Damages in Florida
If your injuries go beyond PIP limits or cause lasting damage, you can sue the truck driver, trucking company, or another liable party.
The lawsuit can seek compensation for:
- Medical bills exceeding PIP limits
- Lost income and future earning capacity
- Non-economic damages such as pain and suffering
In Florida, you have two years to file a truck accident lawsuit. This starts from the date of the accident. Failing to file within this timeframe may result in losing the right to compensation.
How an Attorney Can Help Maximize Non-Economic Damages
To prove non-economic damages, you need strong legal support. Insurance companies often minimize pain and suffering claims to reduce payouts.
An experienced truck accident lawyer can:
- Gather medical records and expert testimony to demonstrate the severity of injuries.
- Negotiate with insurance companies to seek a fair settlement.
- Take the case to trial if the insurer refuses to offer a reasonable amount.
- Ensure all legal deadlines are met to preserve the victim’s right to compensation.
An experienced truck accident attorney understands how truck accidents impact victims and their families. They will work hard to ensure that you receive fair compensation for your non-economic damages.
Contact Shaked Law Firm, P.A. for Help with Your Truck Accident Case
If you or a loved one suffered serious injuries in a truck accident in Florida, you may be entitled to compensation beyond economic damages. At Shaked Law Firm, P.A., we handle complex truck accident claims. We work hard to get maximum compensation for our clients.
Contact Shaked Law Firm, P.A. to schedule a free consultation at (305) 937-0191 to discuss your legal options today.