Recoverable Damages

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According to the National Association of Insurance Commissioners (NAIC), an authoritative insurance source, the average recoverable damages in auto accident cases in 2019 was $18417. This total is made up of the amounts mandated by each state’s law and the amounts actually paid. This amount of recoverable damages applies to accidents involving light-duty vehicles. In 2018, Florida was ranked as one of the most expensive states in the U.S., with an average auto insurance expense of $1425. It also ranked fourth in costs.

Recoverable Damages in Auto Accident Cases

Under Florida law, there are two types of recoverable damages:

Economic, which sometimes has “special damages” status;
Non-economic coverage for damages in Orlando, which is also referred to as “general damages.”

The main purpose of Orlando compensatory damages is to return a person to the condition they were accustomed to before the accident. In most cases, victims seek the help of an injury lawyer, who will gather evidence and help them prepare a claim against the insurer and the at-fault party.

Economic Damages

Standard economic damages (“special”) are usually defined as a situation in which the injured party has lost or will lose financial independence due to an automobile accident. Orlando attorneys assess coverage for damages based on the facts available, including where the injured party has incurred or will incur expenses, such as:

Medical care;
loss of employment;
vehicle repairs;
the purchase of medical rehabilitation aids;
payments for household services that he or she will no longer be able to perform; and
expenses for travel to a doctor or place of treatment or rehabilitation.

Based on this, an auto injury attorney in Orlando performs calculations, reviews documents, and prepares claims against insurance companies and at-fault parties.

Non-Economic Damages

Non-economic damages are commonly understood to be the cluster of general recoverable damages after an Orlando car accident, or so-called intangible damages. In this cluster, it is customary to consider both physical and psychological injuries. Thus, if an Orlando car accident caused the impairment of a person’s quality of life, that person will be compensated according to his insurance.

For a more detailed explanation of what non-economic damages are, see Florida Statutes, Part 627.737.

A person has significant and irreversible loss of important bodily functions.
There are irreversible injuries that are subject to medical intervention (other than disfigurement and scarring).
A person is left with lifelong scars and disfigurement from an automobile accident.

On the other hand, the interpretation of Florida law allows for other situations that are valid in Orlando County and are considered non-economic damages.

Punitive Damages

In some cases, if it is proven that the at-fault party committed the accident intentionally, there are so-called punitive damages that must be paid to the injured party. In this case, only an expert appraisal can determine whether or not the at-fault party intended to cause the dangerous situation on the highway. For the accident victim to be awarded “punitive damages”, an auto injury attorney in Orlando will need to prove that the at-fault party committed an intentional act.

Recovering Damages

The amount of compensation will depend on the type of insurance that the driver had. There is a single requirement for all drivers in Florida and Orlando County to have minimum PIP insurance. With this type of insurance, minimum compensation will be paid to injured persons. Under Florida law, the minimum coverage is $10,000, and $20,000 if there is an accident. In all other cases, the amount of coverage will be based on the other insurance available to the driver and the injured party in the accident.

Role of an Attorney

Each accident has unique characteristics. The role of an attorney is to gather evidence of the guilt or innocence of each party in the car accident. If necessary, the lawyer will request documents and/or other calculations from the appropriate services to enable an objective assessment of the circumstances of the accident.

Who Pays for Car Accident Compensation in Florida?

Compensation payments are based on your insurance coverage. However, the amount of compensation will depend on the type of insurance that the driver and the other party to the accident have. In some cases, compensation can be paid by the county or state if there is fault on the part of the responsible party.

Taking Action Against the At-Fault Driver

Whether action should be taken against the driver will be based on the specific situation. It will depend on what actions the people involved in the crash took to avoid the incident. In some cases, an arrest and criminal penalties may be possible for the driver if he or she, for example, was under the influence of alcohol or drugs.

Get a Free Consultation

If you have been involved in a car accident and have suffered irreparable physical damage, contact our lawyer for a free consultation. You can provide our lawyer with your case information, which will be used to evaluate the likelihood of obtaining compensation for your car accident.

References and Resources:

https://mykramerlawfirm.com/car-auto-accident/money-damages-after-car-accident/

http://www.floir.com/

https://www.iii.org/fact-statistic/facts-statistics-auto-insurance

https://www.justinziegler.net/florida-injury-settlements/florida-car-accident-settlements/