When you are injured in an accident, the consequences reach far beyond medical bills and lost wages. The pain you endure, the stress you carry, and the way your injuries have altered your daily life are just as real as your financial losses. In Florida personal injury cases, these intangible losses are known as non-economic damages.
Many accident victims in Florida do not realize that they may be entitled to compensation for these losses. Insurance adjusters often focus only on economic damages because they are easier to measure. However, non-economic damages can represent a larger part of your claim, particularly when injuries are severe or life-altering.
What Are Non-Economic Damages?
Non-economic damages cover the physical, mental, and emotional hardships that arise from an accident. Unlike economic damages—which can be proven with receipts, invoices, or pay stubs—non-economic damages reflect how an accident has changed your quality of life.
Examples of non-economic damages include:
- Pain and suffering: This covers physical pain from your injuries, both in the immediate aftermath of the accident and any long-term discomfort you may experience.
- Emotional distress: Anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological effects often accompany serious accidents.
- Loss of enjoyment of life: If you can no longer participate in hobbies, sports, or daily activities you once enjoyed, this is a significant loss that deserves compensation.
- Loss of companionship or consortium: Injuries can affect family relationships, particularly between spouses, where loss of intimacy and support can be recognized as damages.
- Permanent disability or disfigurement: Scarring, amputations, and other life-altering injuries can impact self-esteem and daily functioning in ways that go beyond medical bills.
Non-economic damages are unique to each case and vary significantly.
How Florida Law Defines Non-Economic Damages
Florida law recognizes that accident victims should be compensated for both economic and non-economic damages. However, there are specific legal requirements you must meet in order to recover them, especially in car accident cases.
Under Florida Statutes § 627.737, you can only recover non-economic damages in a motor vehicle accident if you have suffered:
- A significant and permanent loss of an important bodily function
- A permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
This means that for minor car accidents where injuries are temporary, you may be limited to your economic damages. But if your injuries meet the legal threshold, you are entitled to seek compensation for pain, suffering, and emotional distress.
Florida also restricts non-economic damages in some areas of personal injury law. For example, in medical malpractice cases, Florida Statutes § 766.118 caps non-economic damages in medical malpractice cases, depending on the type of malpractice and the severity of the injury. While parts of this statute have been challenged and modified by Florida courts, it remains a key reference point for understanding how damages are calculated in certain claims.
Challenges of Proving Non-Economic Damages
Because non-economic damages are not tied to receipts, proving them requires careful documentation and persuasive evidence. Insurance companies often minimize or dispute these damages, arguing that your pain is exaggerated or unrelated to the accident.
Evidence that can support a claim for non-economic damages includes:
- Medical records that describe the extent of your pain, long-term limitations, or permanent injuries
- Psychological evaluations that show the emotional toll of the accident
- Testimony from family and friends about changes in your mood, activity level, or relationships
- Your own pain journal or testimony about the pain, stress, and diminished quality of life you have experienced
Attorneys often work with medical experts, vocational specialists, and even life care planners to present a clear picture of how your injuries affect your life beyond the financial costs.
Factors That Influence Non-Economic Damages
The value of non-economic damages varies widely from case to case. Some factors that influence these damages include:
- The severity of your injuries
- Impact on daily life
- Age of the victim
- Credibility of evidence
- Your degree of fault
It is best to consult a legal expert who can help you consider different factors that may impact the amount of your non-economic damages.
How Attorneys Calculate Non-Economic Damages
There is no exact formula for calculating non-economic damages in Florida. However, attorneys and courts often rely on common methods such as:
- The multiplier method: Economic damages (like medical bills) are multiplied by a number based on the severity of the injury. For example, if your medical bills are $50,000 and a multiplier of 3 is used, non-economic damages could be valued at $150,000.
- The per diem method: A daily rate is assigned to your pain and suffering, which is then multiplied by the number of days you are expected to endure the effects of the injury.
These calculations are not binding but serve as a starting point for negotiations or jury deliberations.
Insurance Company Tactics
Insurance companies in Florida frequently downplay non-economic damages. They may argue that your injuries are not permanent, that your emotional distress is unrelated, or that you were already dealing with pre-existing conditions. Your insurer may offer quick settlements that fail to account for the long-term impact of your injuries.
An experienced attorney knows how to counter these tactics by presenting compelling evidence and, when necessary, taking the case to court.
Contact Green Personal Injury Lawyers to Arrange a Free Consultation With a Boynton Beach Personal Injury Lawyer
If you or a loved one has suffered injuries in an accident, don’t let the insurance company minimize the impact on your life. Non-economic damages are just as real as your financial losses, and you may be entitled to compensation for your pain, stress, and diminished quality of life.
At Green Personal Injury Lawyers, our Boynton Beach personal injury attorneys are here to listen, explain your rights, and fight for the full compensation you deserve.
Call us today at (561) 362-2009 to schedule a free consultation.