Damages: Justice & Compensation
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For the injury victim and their loved ones, the trauma of the injury is overwhelming in and of itself, and when a lawsuit is added to that stress, it can sometime seem unbearably stressful.
Therefore, J.B. Harris believes it is very important for plaintiffs and their families to understand the damages that are available to them through the filing of a lawsuit – to know the kinds of legal damages that translate to the money sought to be paid by the wrongdoer as compensation for the wrong that has occurred.
Money can never provide complete justice, but in our system of laws, it is what has been determined as the best measurement of a concrete award. And sometimes, it is important to remember why that stressful, ongoing lawsuit has been filed.
[Note to Designer: please link the name J.B. Harris to the About J.B. Harris page.]
What kinds of money damages are available to a plaintiff?
There are three kinds of damages available when a civil lawsuit is filed: nominal, punitive, and compensatory (economic and non-economic) damages. They are explained, below.
What does the defendant’s insurance policy cover?
Insurance policies do not cover intentional conduct. If a defendant intentionally acted and in doing so, harmed the plaintiff, then insurance policy coverage will not provide monetary damage for that plaintiff’s injuries. Nor will the company pay for the defendant’s legal fees.
What are nominal damages?
Nominal damages are awarded when there has been no damage to the wronged party, or when their injuries have not been proven with legal evidence. Most cases involving nominal damages are not filed as lawsuit because they are not cost-effective to litigate.
What are compensatory damages?
There are two kinds of compensatory damages: economic and non-economic. Economic damages are easy to calculate: they are the financial losses that the victim has incurred. Economic damages include lost wages, medical expenses, and the like. They also include future financial losses that are reasonably foreseeable. For example, at trial, a doctor can testify to the future medical expenses (such as future back surgeries for a spinal cord injury) that can be reasonably estimated for the purpose of a monetary award.
Non-economic damages are not as easy to calculate. Non-economic compensatory damages compensate for pain and suffering, mental anguish, physical disability, and physical disfigurement, as well as the lost capacity for the enjoyment of life due to the permanent personal injury. When the injury victim has suffered a catastrophic personal injury, such as a traumatic brain injury, these non-economic damages can result in a very large monetary award.
What are punitive damages?
Punitive damages are defined by Florida statute (768.72 et seq), and these laws state that a wrongdoing defendant can be made to pay “punishment” damages if they are found to be personally guilty of intentional misconduct or gross negligence by clear and convincing evidence. “Clear and convincing evidence” is the highest burden of proof in civil cases, and it is demanding very strong evidence of intent to do wrong before punitive damages can be assessed under Florida law. Additionally, there are caps set upon how big these awards can be – no matter how horrendous the evildoing, Florida law prohibits punitive damages to be larger than those established in the statutory guidelines (which do allow for punitive damage awards to reach into the millions).
Wrongful death damages are unique
Wrongful death damages are defined by the Florida Wrongful Death Act. Different survivors are entitled under that wrongful death statute to different kinds of damages. For example, if an injury victim dies with no survivors, as they are defined in the Act, then his/her estate can recover wrongful death damages in the form of: lost earnings, medical expense, funeral expenses and lost accumulations (the victim’s expected savings if the decedent would have lived his normal life expectancy, based upon his salary or wages at the time of death).
However, if the victim passes away leaving a surviving child, that child is entitled to wrongful death damages under the Act that include: loss of parental companionship, instruction and guidance; the child’s pain and suffering as a result of the parent's injury and death. Likewise, if the injury victim passes away leaving a surviving parent, that parent under the Wrongful Death Act can legally be awarded damages for mental pain and suffering as a result of the injury and death.
If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for legal damages as well as the right for justice against the wrongdoer and you are welcomed to contact the Miami personal injury lawyers at J.B. Harris, P.A. to schedule a free initial legal consultation at (305) 374-6360.
