What Are the Available Damages in Personal Injury Cases?

What Can You Sue for After a Personal Injury?

Damages are the legal term for the monetary compensation awarded to victims due to a personal injury suit. These funds are intended to help the victim regain the quality of life they enjoyed before their injury. Damages may be apportioned for physical expenses and emotional turmoil. The money is only awarded if the victim proves that the defendant has violated their duty of care toward another person or crossed the threshold of their legal rights.

Unfortunately, getting the responsible parties to play ball can take time and effort. You need a personal injury property damage attorney who will stand by your side.  

Call us now at 877-245-6707 for your free, no-obligation case review. 

How Are Damages in Personal Injury Cases Classified?

The law has two broad categories for personal injury damage, compensatory and punitive damages. Depending on the circumstances surrounding your case (and the quality of your legal representation,) you may be able to receive both types of personal injury damages.

Punitive Damages

Punitive damages, on the other hand, are awarded to punish a guilty party for their negligence. These are awarded in circumstances where the defendant’s behavior was especially egregious and negligent. Cases that may include these damages include intoxicated driving, defective drugs, or wrongful deaths. If you’re seeking punitive damages, you need a skilled personal attorney to demonstrate how the defendant willingly created dangerous circumstances.

Additional Damages That May be Available After a Vehicle

Property Damages

Property damages are usually determined early in your case as part of your settlement. Usually, these damages are awarded for vehicle damage after a traffic accident. Sometimes property damage funds can include your personal property. For example, if the inciting personal injury destroyed your laptop.

Diminished Value

Diminished value is the financial gap between a vehicle’s worth before an accident and its market value after repairs. Three subtypes of diminished value claims include immediate diminished value, inherent diminished value, and repair-related diminished value. 

Total Loss

A vehicle that is ruled as a total loss means that the money for repairing the vehicle outweighs its total market value. For example, if a vehicle was worth $6,000 before the accident, but the repairs cost $12,000, the vehicle is ruled a total loss. 

What Types of Personal Injury Damages Are Available in Florida?

Florida awards three types of damages; economic damages, non-economic damages and punitive damages. Florida Statute 768.72 states that punitive damages are only awarded in cases of serious gross negligence. For this reason, punitive damages are rarely awarded. Other damages in Florida include property damages, diminished value, and total loss. 

What Types of Personal Injury Damages Are Available in Georgia?

Georgia residents have many avenues for pursuing personal injury damages. If you’re seeking a lawsuit in Georgia against another entity, business, or individual, you can pursue property damages and claims for diminished value and total loss.

Who Can Claim Damages in a Personal Injury Case?

In Florida and Georgia, the victim is the only person who can claim damages in a personal injury case. There are some exceptions; for example in the case of wrongful death, the victim’s spouse, minor-aged children, and adults of minor-aged children may be able to claim damages. Survivors in Florida may be able to recover damages for economic and economic damages. These expenses can include loss of future income as well as economic and non-economic damages. Georgia law dictates that the victim’s spouse can file for a “loss of consortium” claim against the responsible party.

How Are Damages in a Personal Injury Case Calculated?

Typically, the amount for a personal injury is accounted for by the judge, the jury, or other legal mediaries on a case-by-case basis. Each case is unique and has different damages and circumstances around it. Usually, the amount of injury or damage affects the final calculation of the award. In some cases, the court may review the award to determine if the final amount is excessive or deficient. In these cases, the amount is changed without trial.

Who Pays for My Personal Injury Damages?

The liability laws may affect your case differently depending on where you live. First off, liability needs to be determined before any damages are awarded. In Florida, liability damages typically are paid for by the insurance company or the person responsible for the injury. Georgia follows an at-fault doctrine that says the person who caused the accident is responsible for paying for all costs in a personal injury case.

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A personal injury can force you to put your whole life on pause. Time is of the essence. Hiring a law firm that understands what you’re going through increases the likelihood of securing swift and considerable personal injury damages.

We understand what you’re going through. Farah & Farah has earned a sterling reputation for helping people recover after a personal injury. Over the course of 40 years, we’ve helped people win over $1 billion after a personal injury.

Our team believes in doing what’s right. We won’t charge you for a single penny unless we win your case.

Get started now by talking to one of our personal injury attorneys now. We are standing by 24/7 to help you find the best path for your recovery. 

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