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Types of Damages Available in Personal Injury Cases

Home   /   Personal Injury Blog   /   Types of Damages Available in Personal Injury Cases

February 24, 2025 | By Roman Austin Car Accident and Personal Injury Lawyers
Types of Damages Available in Personal Injury Cases
Types of Damages Available in Personal Injury Cases

If you’ve been hurt due to someone else’s negligence in Florida, you might be able to seek compensation—often referred to as “damages.” These are meant to cover your medical bills, lost wages, and more. Understanding the types of damages available helps you fight for the full amount you deserve. 

Below is a clear explanation of economic, non-economic, and punitive damages. You’ll also find information about Florida’s filing deadlines and why acting quickly can help your case.

Economic Damages in Florida

Economic Damages in Florida

Economic damages cover your out-of-pocket financial losses—those with an actual cost. Examples include:

  • Medical bills: Doctor visits, hospital stays, rehabilitation, and any future treatments or surgeries your doctor recommends.
  • Lost wages: If you miss work due to injury, you can seek compensation for those unpaid wages. Reduced earning capacity may also be considered if your injury prevents you from returning to your old job.
  • Property damage: If your car or other property was damaged in the accident, you can recoup repair or replacement expenses.

For a strong claim, keep detailed records of all costs—hospital receipts, drugstore bills, and paycheck stubs. These help show insurers or the court the exact amount your injuries have cost you so far (and will cost you later).

Non-Economic Damages

Not all harm you face has a clear dollar sign attached. Non-economic damages account for your more personal, intangible losses, including:

  • Pain and suffering: Chronic pain or discomfort, plus any ongoing physical limitations.
  • Emotional distress: Problems like anxiety, depression, or PTSD triggered by the accident.
  • Loss of enjoyment of life: If your injuries keep you from hobbies or daily activities you used to enjoy.
  • Loss of companionship: Serious injuries can strain family relationships or hinder your ability to show affection.

Since these harms lack direct receipts, attorneys and courts look at factors like how severe your injury is and how it might affect your lifestyle long-term.

Punitive Damages

Unlike the above categories, punitive damages do not aim to compensate you for your losses. Instead, they punish or deter the defendant for extreme wrongdoing. Under Florida law, punitive damages are awarded only if:

  • Gross negligence: The defendant showed a reckless disregard for your safety (for example, a drunk driver far above the legal limit).
  • Intentional misconduct: They meant to cause harm or acted knowingly in a very dangerous way.

Because the standards for punitive damages are stricter, relatively few cases qualify. Even if they do, Florida places caps on how high these damages can go.

How Much Does It Cost To Hire a Florida Personal Injury Lawyer?

Worried about attorney fees? Florida personal injury lawyers usually work on a contingency fee basis. That means:

  • No upfront charges: You won’t pay any retainer or hourly fee at the start.
  • Payment only if you win: Your attorney’s fees come from a percentage of your settlement or court award.
  • No win, no fee: If your claim isn’t successful, you generally don’t owe attorney’s fees.

This structure lets injured people pursue claims without financial hurdles. During a free consultation, most lawyers will explain their fee percentage—often around 33–40%—and go over any potential additional costs.

How Much Time Do I Have To File a Lawsuit in Florida?

Florida law imposes a statute of limitations on personal injury cases. Generally, you have two years from the date of your accident to file a lawsuit in court, though exceptions may apply in unusual scenarios.

 If you miss that window, you could lose the right to seek any damages. Contacting a lawyer soon helps ensure you don’t risk missing critical deadlines.

How a Lawyer Can Help Maximize Your Damages

Navigating an injury claim on your own can be stressful. A Florida personal injury attorney can:

  • Calculate damages properly: From hospital bills to lost wages and beyond, they’ll see that no cost is overlooked.
  • Negotiate with insurers: Insurance adjusters often try to minimize payouts. A lawyer fights for the full, fair amount you deserve.
  • Handle paperwork and deadlines: Meeting filing requirements is crucial. Missing them can cost you your entire case.
  • Prepare for trial if needed: While many cases settle out of court, some require going to trial if the insurance company refuses a fair offer.

With legal support, you can focus on recovering while a professional manages the complexities of your claim.

Contact a Florida Personal Injury Attorney for Legal Help Today

If you’re dealing with the aftermath of an accident in Florida, knowing your potential economic, non-economic, and punitive damages is key to claiming the full compensation you need to rebuild your life. Contact an experienced personal injury lawyer from Roman Austin Car Accident & Personal Injury Lawyers in Florida today at (727) 787-2500 to get started with a free consultation. 

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I have worked closely with Miles Hickman of Roman Austin and he combines a rare blend of fierce trial capabilities with the kind of bedside manners that clients greatly appreciate. This is a standout office...
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I have worked closely with Miles Hickman of Roman Austin and he combines a rare blend of fierce trial capabilities with the kind of bedside manners that clients greatly appreciate. This is a standout office of trial attorneys that we feel confident referring clients to get a great resolution.

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They did a great job and even advised what to do if there was no insurance for the at-fault driver and I had to self represent. Ended up being able to get me the fullest...
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They did a great job and even advised what to do if there was no insurance for the at-fault driver and I had to self represent. Ended up being able to get me the fullest payout possible, team was easy to keep in touch with, and Miles was clear in his explanations and helpful with his advice. I still use some of the doctors I connected with through their firm. Would recommend Roman Austin and would use them again.

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I cannot say enough incredible things about Roman Austin Law Firm. John Austin is a phenomenal lawyer. I was in a bad crash that involved a truck totaling my vehicle and sustaining neck and back...
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I cannot say enough incredible things about Roman Austin Law Firm. John Austin is a phenomenal lawyer. I was in a bad crash that involved a truck totaling my vehicle and sustaining neck and back injuries.Going into this process, I was honestly apprehensive about even hiring a lawyer. I was especially wary of those large, commercial firms that just want to move cases quickly. I had heard some great things about Roman Austin, but did my own extensive research and now know why they are a five star firm. What could have easily been a stressful and overwhelming experience turned into something completely different because of John Austin and his team. Choosing them was one of the best decisions I have ever made.John is truly exceptional. He is incredibly detailed, meticulous, and completely devoted to his work. He worked tirelessly on my case, going above and beyond anything I could have ever expected. He spent countless hours (even on weekends), and was always available whenever I needed him. His level of dedication, care, and precision is something you rarely find.Beyond that, he is patient, kind, and deeply compassionate. You never feel like just another case. He genuinely cares about you as a person and wants the absolute best for you. He made what could have been a difficult process feel manageable and supported every step of the way.His entire team was phenomenal. They were responsive, professional, and just as committed. Every interaction felt thoughtful and intentional.The outcome we achieved was fantastic, and I am beyond grateful. I couldn't be more pleased with my experience.If you are considering legal representation, I wholeheartedly recommend John at Roman Austin Law Firm. They are professional, dedicated, and truly invested in their clients.Choosing John Austin made all the difference. He fought tirelessly to ensure that everything I endured was recognized and fairly compensated, and that level of dedication is something I will never forget. I am profoundly grateful not only for the outcome, but for the care, integrity, and unwavering commitment shown every step of the way. Forever thankful I chose them, and truly forever grateful.

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After my accident, I didn't know where to start. Roman Austin made the whole process feel manageable and honestly took a huge weight off my shoulders. The team was kind, responsive, and truly cared about...
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After my accident, I didn't know where to start. Roman Austin made the whole process feel manageable and honestly took a huge weight off my shoulders. The team was kind, responsive, and truly cared about what I was going through. I always felt heard and supported. I'm so thankful I found them and would absolutely recommend them to anyone who needs help.

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Once again Roman & Austin and their team has been a helping hand through hard times after being rear ended by a driver not paying attention. The same day I was set up with community care to make sure I had to physical and emotional support I needed and they checked on me with updates every week. They got me the full compensation I deserved for my injuries and are the best at what they do.

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