What Kinds of Damages Are Recoverable in a Florida Lawsuit

What Kinds of Damages Are Recoverable in a Florida Lawsuit

Damages are considered the legal answer to the real-world consequences and expenses that are the result of one person wronging another. A plaintiff has to specify their damages, typically with proof of the dollar amount spent or another form of payment. Based on the particulars of your individual case, you might be eligible to recover:

Nominal Damages

Claimants usually obtain nominal damages if they are able to prove that they endured harm because of another person’s actions, but the court considered the injury to be insignificant or minimal. In situations where plaintiffs are awarded nominal damages, the dollar amount awarded is typically no more than a couple of dollars.

The purpose of these damages is for the court to document that the defendant’s actions were wrong while proving that no real damage was done.  

Compensatory Damages

Compensatory damages are the money you could receive as financial compensation for an accident or injury that was the result of somebody else’s negligence. Even if the harm they caused you was unintentional, if your current situation would not exist were it not for their negligence,  they are still legally obligated to pay. To satisfactorily show that you are owed these damages you will be expected to prove that:

  • They violated the duty of care they owed you
  • This violation of that duty was the cause of your illness or injury 
  • As a result, you have non-economic and/or economic damages

In the pursuit of compensatory damages, the trial process involves ascertaining whether or not a duty or contract existed, and if so, which conditions the liable party breached.  

Punitive Damages

Differing from compensatory damages, punitive damages are intended to punish a respondent for fraudulent, willful, or malicious behavior that caused harm to another person. The objective of punitive damages is to:

  • Discourage the defendant from participating in those actions again
  • Make an example of the defendant in order to dissuade other people from engaging in those same actions

Not every lawsuit justifies the awarding of punitive damages. Even though juries may award significant punitive damages, the judge has the authority to reduce the amount of punitive damages depending on the amount of compensatory damages that have been awarded. State laws may also restrict the amount of punitive damages that a plaintiff is allowed to receive.

As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim

Tampa Personal Injury Attorneys

Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.

If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.

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