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If you’ve been injured in an accident caused by another person’s negligent acts, you are likely considering whether to consult with a personal injury attorney and litigate your claims.  Simply put: there needn’t be any consideration at all.  It is always a sensible decision to consult with an attorney in order to assess the potential of your claims.

There is absolutely zero downside to consulting with a qualified Florida personal injury attorney concerning your claims.  If you speak with one of the attorneys at Spivey Law, for example, you will be provided a free consultation to determine whether your injury claims are actionable.

Florida is one of a few states for which current law and policy is quite friendly to personal injury plaintiffs and injury claims.  Florida law, for example, does not apply damage caps to most personal injury negligence cases.

The lack of damage caps in Florida personal injury has a significant impact on injury claims in the state.  Without damage caps, the potential damage recovery skyrockets for certain injury claims.  This increased claim potential means that there is greater upside to pursuing a legitimate injury claim.

To better understand why the lack of damage caps is so beneficial to Florida plaintiffs, let’s take a quick look at the two major damage categories and how they work.

Economic Damages

Economic damages are the direct financial losses suffered by the plaintiff as a result of their injuries.  They are objective in nature and are more easily calculated than non-economic damages (assuming that there is sufficient available data).  Economic damages include past and future medical expenses, past and future wage loss, property damage, additional personal expenses, and other financial losses relating to the injuries at-issue.

Noneconomic Damages

Noneconomic damages are losses that are not directly related to the expenditure of financial resources – despite this, noneconomic damages are compensated financially.  They tend to be subjective in nature and the damage total may be more difficult to calculate due to the fact that the loss was not monetary.  Noneconomic damages include the plaintiff’s pain and suffering during and after the accident, quality of life deterioration, disability and disfigurement, and emotional distress, among other losses.

No Damage Caps

Florida law does not put damages caps on either economic or noneconomic damages.  The Florida Supreme Court has repeatedly overturned damage caps (see Estate of Michelle Evette McCall, et al. v. United States of America, where the Court determined that damage caps on wrongful death claims violated the Equal Protection Clause).  The lack of damage caps empowers plaintiffs to assert more substantial damage claims, and generally leads to greater damage awards as a result.

If you have been injured due to the fault of another – whether you have been injured in a slip and fall, motor vehicle, motorcycle, bicycle, or pedestrian accident, or any other accident situation – Florida law applies no damage caps, potentially raising your total damage recovery.  Contact Randall Spivey at the Spivey Law Firm, Personal Injury Attorneys, P.A.  Our Fort Myers injury law firm will provide a free and confidential consultation to discuss your legal rights.