Personal injury cases in Florida can secure plaintiffs full compensation for both economic damages and general damages, such as pain and suffering and emotional distress. Unfortunately, many injury victims are unaware that the law entitles them to substantial compensation, leading them to overlook the importance of consulting a personal injury attorney.
It is crucial to seek legal advice after sustaining an injury. Common myths and misconceptions should not deter you from pursuing the compensation you deserve. Some prevalent misconceptions include:
- No-fault car insurance means your insurer will cover all your damages.
- You can only recover economic damages in a car accident case.
- Injury victims cannot receive compensation if they are partly at fault.
- Punitive damages are typically awarded in personal injury claims.
Consulting a legal professional can help you navigate these myths and misconceptions, ensuring you receive the compensation you are entitled to.
Understanding No-Fault Car Insurance in Florida
Florida’s unique car insurance laws mandate that insurers cover certain damages for their customers, irrespective of fault. This means that each party’s insurer compensates their own policyholder for these damages, without seeking reimbursement from the other party’s insurer, even if the other party is entirely at fault.
However, it’s important to note that no-fault car insurance only covers economic damages. Liability for non-economic, or general, damages remains fully transferable.
What Are Economic Damages?
Under Florida law, economic damages refer to financial losses directly impacting the plaintiff. In car accident cases, these typically include:
- Property damage
- Medical expenses
- Lost wages
In some instances, a car accident victim’s losses are purely economic. When this happens, the injured person receives full compensation from their insurer, eliminating the need to seek additional damages from the other driver. Legal action is only necessary if the insurer fails to cover all economic damages.
General Damages: What Are They?
In many auto accidents involving injuries, the impact extends beyond mere monetary losses. Injuries can inflict pain, diminish the quality of life, and cause significant distress. These types of general damages are compensable, but you must take legal action against the at-fault driver to claim them. Consequently, lawsuits remain necessary under Florida’s no-fault car insurance system when serious injuries occur.
Economic Damages Are Not the Only Compensation in a Car Accident Case
Many people mistakenly believe that they can only obtain economic damages from a Florida car accident. Consequently, they may accept a settlement from their insurer and overlook the pursuit of general damages.
Partly at Fault? You Can Still Win Damages
Florida operates under a comparative negligence system, allowing injury victims to seek damages even if they are partially at fault. However, the court will reduce the award based on the degree of partial responsibility.
Punitive Damages in Personal Injury Claims
Punitive damages are awarded in only a small fraction of personal injury cases. Typically, the law assumes that economic and general damages adequately compensate the victim for both financial and non-financial losses. In most negligence-based personal injury claims, the focus is on compensating the victim rather than punishing the defendant.
Punitive damages come into play when the defendant’s egregious conduct has harmed the plaintiff. While many plaintiffs’ attorneys argue that various forms of misconduct meet this threshold, some common scenarios that result in punitive damages include drunk or drugged driving, assault, and actions displaying a blatant disregard for the safety of others.
Misconceptions and myths often deter injury victims from seeking the justice they deserve. Do not let this happen to you. Consult a personal injury attorney to fully understand your rights.
Please call Warren Chin and the lawyers at ECD law for a free consultation at 941-366-8888.