Damages Recoverable In Tractor-Trailer Cases
If you have been injured in a Florida tractor-trailer accident, it is likely that countless new worries are occupying your mind. Tractor-trailer accidents can be severe, with the potential for long-term injuries or even death for those who are so unfortunate as to be involved. It may feel too overwhelming to seek compensation for what you have been through – but it is crucial for you to remember that you have the right to seek damages from a person who negligently caused you harm. There are several different types of damages available if you prevail in holding the defendant or defendants liable.
Economic Damages
The main type of damages one can recover in a personal injury case is known as economic or tangible damages. Economic damages are those that can be quantified with relative ease – for example, medical bills or lost wages usually have a paper trail that a court can use to tally up the dollar amounts lost. While Florida once had a damages cap (an upper limit) on some other kinds of damages, economic damages are never subject to an artificial limit, simply because they reflect an injured plaintiff’s actual losses.
In addition to medical bills and lost wages, other possible categories of economic damages in Florida law include potential future medical bills (especially if a person’s injuries are serious enough to warrant filing suit as opposed to filing a PIP insurance claim), loss of future earning capacity, and recovery for lost personal property or “any other loss” that would not have occurred but for the accident.
Non-Economic Damages
In comparison with economic damages, non-economic damages are those which cannot be effectively quantified, and may require the testimony of an expert to accurately estimate. The most common example of non-economic damages is pain and suffering, also referred to as mental anguish or emotional distress, though other examples include loss of consortium (loss of love, companionship, or the value of marital relations) and loss of enjoyment of life. Historically, Florida has had caps on non-economic damages, and while none exist as of this writing, there have been proposals brought in the Florida Senate to restore them, at least in medical malpractice cases.
Punitive Damages
The last type of damages awarded in a Florida tractor-trailer accident is punitive damages, which are only awarded in cases involving actions that are particularly egregious – usually, acts that are so grossly negligent as to almost be intentional. Punitive damages are very rare in Florida, but they are occasionally granted, particularly in cases where serious injury or damages were caused yet no real economic loss was sustained.
Contact A Tampa Tractor-Trailer Accident Attorney
Being involved in an accident with a tractor-trailer can be life-changing, particularly if you sustain serious injury. It can be tempting to simply want to do nothing, to stay at home and focus on physical healing – but you have the right to seek money damages for what you have been through. The right Tampa tractor-trailer accident attorney can help. Call the Rinaldo Law Group today for a free consultation.
Source:
flsenate.gov/Laws/Statutes/2021/768.81
