If you were hurt in a car accident, slip and fall, or other incident caused by someone else, you probably know you can seek money to pay for hospital bills and lost income. But what about the pain, worry, or changes in your daily life that don’t have a clear dollar amount? That’s where non-economic damages come in. They aim to recognize the personal losses you suffer beyond the direct costs of medical treatments.
Below, we’ll look at what non-economic damages are, how they’re calculated, and what role comparative fault plays in Florida’s personal injury claims. By the end, you’ll have a better sense of whether you might qualify for these types of damages—and what steps to consider next.
What Are Non-Economic Damages?
Non-economic damages cover the harm you face that doesn’t appear on a bill or receipt. They address the emotional or personal toll an accident takes on your life.
In Florida, these might include:
- Pain and suffering: Physical pain, discomfort, and other related distress.
- Emotional distress: Issues like anxiety, depression, or nightmares stemming from the accident.
- Loss of enjoyment of life: Inability to do the hobbies or day-to-day tasks you once enjoyed.
- Loss of companionship: How the injury affects your relationships with a partner or family members.
- Scarring or disfigurement: Permanent marks or bodily changes that affect your self-image or daily routines.
These damages recognize that an accident isn’t just about medical bills and missed paychecks. The personal impact can be just as serious, if not more so.
How Non-Economic Damages Are Calculated
There’s no formula that perfectly measures non-economic losses.
Since these damages don’t come with a price tag, lawyers, insurers, or juries look at several factors:
- Injury seriousness: More severe or long-lasting injuries often mean higher non-economic damages.
- Length of recovery: If your pain or stress persists for a long time, your award may be larger.
- Impact on activities: Are you missing out on sports, family gatherings, or other parts of life you once enjoyed?
- Age and health: Younger people or those who are very active might face greater losses if they can’t return to old routines.
- Proof of suffering: Strong evidence—like a journal, therapist notes, or statements from friends—can help show how deeply you’ve been affected.
Sometimes, attorneys use methods like a multiplier or a “per day” rate for your pain and suffering. These aren’t exact rules; they’re just starting points for negotiations.
Evidence for Non-Economic Damages
Because there isn’t an invoice for pain or sadness, you need proof that your life has been changed.
Useful evidence includes:
- Medical records: Notes from doctors showing the type of injury you suffered.
- Therapy or counseling records: If you’re seeking help for emotional problems, it shows a real, ongoing impact.
- Your own testimony: Sharing how daily tasks or hobbies have become harder or impossible.
- Statements from loved ones: Friends, family, or coworkers can describe the changes they see in your mood or abilities.
- Photos or videos: If you have visual proof of scarring or how your injuries limit you, it can make a strong impression.
Putting together these pieces can help an insurance company or a jury understand why you deserve non-economic damages.
Comparative Fault in Florida
Florida law follows a modified comparative fault rule. This means if you share some blame for the accident, your total damages (including non-economic ones) might go down by your percentage of fault.
For example, if you are found 20% responsible for a car crash, you’ll only receive 80% of your total settlement. You also can’t recover compensation if you are 51% or more responsible. Note that if you are involved in an auto accident, you will file a claim with your personal injury protection (PIP) insurance coverage.
An experienced lawyer can push back against claims that you were at fault. They’ll work to show the other party truly caused your injuries so you can maximize your compensation.
Contact a Fort Lauderdale Personal Injury Attorney for a Free Consultation
Figuring out non-economic damages can be confusing, especially when you’re already dealing with physical and emotional stress. The good news is you don’t have to face this challenge by yourself. A skilled Fort Lauderdale personal injury attorney can guide you through each step—gathering evidence, negotiating with insurance companies, and explaining how comparative fault might affect your case.
If you’ve been hurt in an accident in Florida and believe you deserve compensation for pain, anxiety, or the loss of your old routines, talk with a lawyer today. Many offer free consultations and charge no fees unless they win money for you. By partnering with a personal injury attorney, you’ll have someone in your corner fighting for the financial and personal help you need to recover. Contact the team of Workman Car Accident & Personal Injury Lawyers at (954) 361-3997 for a free consultation.
