How to Calculate Damages in Florida Personal Injury Claims

Calculating damages in Florida personal injury claims involves several key steps and an understanding of the types of damages that may be recovered. Victims should be aware of both economic and non-economic damages to ensure they receive fair compensation for their injuries.

1. Understand the Types of Damages

In Florida, personal injury claims typically fall into two main categories: economic damages and non-economic damages.

Economic Damages: These are tangible losses that can be easily quantified. Examples include medical expenses, lost wages, and property damage.
Non-Economic Damages: These are subjective losses that do not have a fixed monetary value. They include pain and suffering, emotional distress, loss of enjoyment of life, and other intangible harms.

2. Gather Evidence

To accurately calculate and support your claim, gathering comprehensive evidence is critical. This may include:

Medical records detailing injuries and treatment.
Receipts for medical bills and expenses related to the injury.
Pay stubs or tax returns showing lost wages.
Documentation of any property damage.
Witness statements or police reports if applicable.

3. Calculate Economic Damages

Start by adding up all quantifiable expenses:

Medical Expenses: Include hospital bills, physical therapy, medications, and any ongoing treatment costs.
Lost Wages: Calculate the income lost during recovery, taking into account future income losses if the injury affects your long-term earning capacity.
Property Damage: Estimate the cost to repair or replace any damaged property as a result of the injury.

The total of these figures represents your economic damages.

4. Estimate Non-Economic Damages

Calculating non-economic damages can be more complex due to their subjective nature. Common methods include:

The Multiplier Method: This approach involves multiplying your economic damages by a number typically between 1.5 and 5, depending on the severity of the injuries. For example, if your economic damages total $50,000 and your injuries are considered severe, you might multiply that by 3 for a total of $150,000 in non-economic damages.
The Per Diem Method: This method assigns a daily dollar amount to your pain and suffering and multiplies it by the number of days you experienced those effects. For instance, if you assign $100 per day for 200 days, that would total $20,000.

5. Consider Future Damages

When assessing your total damages, consider future medical expenses and long-term effects on your quality of life. Consult with medical professionals to understand potential future treatment needs and associated costs.

6. Consult with a Personal Injury Attorney

Given the complexities involved in calculating damages, seeking legal advice is highly recommended. A qualified personal injury attorney can help ensure that all forms of damages are accurately assessed and that your claim reflects the full extent of your losses.

Conclusion

Calculating damages in Florida personal injury claims requires a careful evaluation of both economic and non-economic losses. By gathering evidence, utilizing accurate calculation methods, and seeking professional legal guidance, victims can improve their chances of securing the compensation they rightfully deserve.