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Types of Compensation Available in Florida Auto Accident Cases

08/7/2024
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Auto accidents can result in serious injuries, and these injuries can lead to a variety of financial and non-financial costs. While you may be entitled to compensation for these costs, it is up to you to make sure you are seeking the full compensation you deserve. Hiring an experienced Florida auto accident attorney is a key first step, as an experienced attorney will be able to help you identify all of the costs that you are entitled to recover.

For purposes of this article, we will assume that you have a claim outside of personal injury protection (PIP). Under Florida’s “no fault” auto insurance statute, auto accident victims are limited to filing PIP claims when they suffer relatively minor injuries—and PIP only covers medical expenses and certain other out-of-pocket costs. However, if you have a claim outside of PIP, then your Florida auto accident attorney will be able to help you seek full compensation not only for your out-of-pocket costs, but for your non-financial costs as well.

What Types of Compensation Can You Recover After an Auto Accident in Florida?

With this in mind, the types of compensation that are generally available in Florida auto accident cases include:

Medical Expenses

If you have a personal injury claim, your Florida auto accident attorney will be able to help you seek just compensation for all of your medical expenses resulting from the accident—including expenses that are not covered by PIP. For example, depending on your medical needs, fully recovering your losses may involve seeking just compensation for:

  • Emergency medical care and transportation
  • Diagnosis of your accident-related injuries
  • Treatment and medications
  • Surgery and anesthesia
  • Inpatient hospital services
  • Recovery and rehabilitation (including therapy)
  • Mental health treatment

When you have an auto accident claim in Florida, not only are you entitled to compensation for your current costs, but you are entitled to compensation for your future costs as well. The costs of treating and recovering from serious accident-related injuries can continue for years, so it is critical to ensure that you have a comprehensive understanding of your long-term medical needs.

Other Out-of-Pocket Costs

Along with medical expenses, your attorney will be able to help you seek just compensation for your other out-of-pocket costs as well. These can include everything from prescription medication costs and transportation expenses to the cost of hiring someone to clean your house or mow your yard. If you think you may have a personal injury claim, it is important to document all of the costs you incur as a result of your auto accident so that your attorney can seek appropriate compensation.

Loss of Income and Benefits

Whether you occasionally miss work to attend doctors’ appointments or you are unable to work for an extended period of time, you are also entitled to just compensation for your loss of income and benefits. Documentation is important here as well, so you will want to make sure you have a record of any hours or days during which you are unable to earn a living due to your auto accident.  

Pain, Suffering and Emotional Distress

Florida law also entitles auto accident victims to just compensation for the non-financial costs of their accident-related injuries. These include pain, suffering and emotional distress. Here, too, you are entitled to full compensation for your losses—whether you experience pain and suffering for days or you suffer from chronic pain and emotional distress for the rest of your life.

To be clear, this is compensation in addition to the cost of treating your pain, suffering and emotional distress. Not only are you entitled to compensation for your pain medications and the costs of therapy, but you are entitled to compensation for the day-to-day effects of living with your accident-related injuries as well.

Scarring and Disfigurement

The same goes for scarring and disfigurement. If you suffer severe injuries or burns that leave you permanently disfigured (or if you need surgery that leaves you with a permanent scar), this is another type of non-financial loss for which financial compensation is available under Florida law. Just like your other non-financial losses, an experienced Florida auto accident attorney will be able to accurately calculate the compensation you are entitled to recover.

Loss of Consortium

Loss of consortium refers to the impacts that your accident-related injuries have on your relationship with your spouse or partner. If you are no longer able to be intimate due to the physical or psychological effects of your injuries, or if your relationship otherwise suffers due to the effects of the accident, these are also losses for which financial compensation is available under Florida law. Your attorney can assist you with documenting and calculating just compensation for these losses as well.  

Loss of Companionship and Society

While loss of consortium damages cover negative impacts on your relationship with your spouse or partner, loss of companionship and society cover negative impacts on your relationships with others. From being physically unable to participate in activities and social events to feeling too anxious or depressed to go out, traumatic injuries can impact your relationships with friends and family members in a variety of ways.

Loss of Enjoyment of Life

In Florida, the types of compensation available to auto accident victims also include compensation for loss of enjoyment of life. From being unable to enjoy your hobbies to being unable to pursue your career, if you find that things aren’t the way they used to be after your accident, this is yet another reason why you should hire an experienced Florida auto accident lawyer to help you seek full compensation.

Discuss Your Case with a Florida Auto Accident Attorney for Free

Do you need to know more about your legal rights after an auto accident in Florida? If so, we encourage you to contact us promptly for a free, no-obligation consultation. To discuss your case with an experienced Florida auto accident attorney at Searcy Denney for free, call 800-780-8607 or tell us how we can help online today.

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