Non-Economic Damages In Commercial Vehicle Crashes
When a commercial motor vehicle (CMV or CV) collides with another car or truck, the damages to the smaller vehicle and its occupants can be catastrophic. If the injuries are ‘significant and permanent,’ the driver and passengers can bypass Florida’s no-fault system and file suit against the CV driver and their employer. Unlike in a no-fault system, plaintiffs with serious injuries can claim both economic and non-economic damages at trial, which can make a difference in the aftermath of a serious crash.
Two Types Of Damages
Under Florida law, there are two major types of damages that an injured person can receive if they are found to have been the victim of negligence. Economic damages are tangible, visible losses that the injured plaintiff has suffered, able to be documented by verifiable sources – for example, their medical bills, or the lost value of their vehicle. Non-economic damages, as one might imagine, are the less tangible, but still very real, injuries a plaintiff may suffer – the common example is pain and suffering, but others include loss of consortium (in the case of a spouse) or companionship (with a friend or family member).
As one might imagine, it is significantly more difficult to calculate the value of non-economic damages than economic damages, but the axiom in Florida law is that if a plaintiff can demonstrate damage exists, they have the right to be compensated for it. Recovering non-economic damages may require the testimony of expert witnesses, or other less common types of evidence, but it can absolutely be done with the right attorney.
Meeting The ‘Serious Injury Threshold’
Normally, in vehicle accident cases, Florida’s no-fault auto insurance system requires an injured plaintiff to seek compensation from their personal injury protection (PIP) insurer instead of filing suit against an allegedly-negligent defendant. However, the law has what is known as a ‘serious injury threshold’ built in; if a person’s injuries meet the requirements (most often due to being “significant and permanent”), they are permitted to file suit against the defendant or defendants.
If one examines the statute closely, it explicitly permits suit to be brought seeking non-economic damages such as pain, suffering, “mental anguish, or inconvenience” as a result of physical injuries sustained in this type of serious accident. Given the size and speed of a commercial vehicle, it is not uncommon for victims to be able to seek more appropriate levels of damages at trial because their injuries are sufficiently serious.
Contact A Tampa Commercial Vehicle Accident Attorney
Too often, people minimize intangible damages. The mental and emotional health of an accident victim matters just as their physical well-being, and intangible damage awards help to reassure them of that truth. If you have questions or concerns about a commercial vehicle accident, the Tampa truck accident attorneys from the Rinaldo Law Group can help to answer them. Call our office today at (813) 831-9999 to schedule a consultation.
