What Are Non-Economic Damages in a Florida Injury Claim?

Fast Facts: Non-Economic Damages in Florida

Here are some quick facts for non-economic damages in Florida.

• These damages are referred to as monetary compensations that are awarded in personal injury lawsuits for subjective, intangible, and non-monetary losses that do not come with a direct price tag, receipt, or invoice.
• Non-economic damages in Florida come from state statutory law, specifically Florida Statute § 766.202(8), for medical negligence/malpractice frameworks.
• In terms of standard personal injury and wrongful death claims, the Florida Statutes § 768.16–§ 768.26.
• In Florida (New York as well), a serious injury threshold is a legal rule in no-fault insurance that requires the injured person to prove that their injury meets a specific level of severity before they can sue an at-fault driver for non-economic damages like pain and suffering.
• Non-economic damages are calculated through subjective methods, like the multiplier method or the per diem method. Moreover, injury severity, permanent disfigurement and emotional distress is also assessed for calculating non-economic damages.
• In Florida, there are no caps for non-economic damages.
• In Florida, the deadline to file a lawsuit to recover non-economic damages is two years from the date of the accident or incident.
• Reach out to Jack Bernstein, Injury Attorneys, for a free consultation.

What Are Non-Economic Damages?

Non-economic damages are compensation for physical, emotional or psychological harm that cannot be measured through receipts or invoices. These damages aim to compensate for the impact of the injury, rather than just the financial cost.

The victim is not required to show medical expenses or prove their lost wages. Instead, the jury assesses the damage and decides on compensation based on the severity and duration of the harm. In this, they assess factors like pain and suffering and the quality of life of the victim. 

Through these factors, they decide how much compensatory damage the victim should receive. Economic damages, on the other hand, can be measured easily as they are backed by financial losses, like medical bills and lost wages.

What Non-Economic Damages Can You Recover in Florida?

Pain and suffering, mental anguish and emotional distress, loss of enjoyment of life, loss of consortium and disfigurement or physical impairment are the five common categories that Florida recognizes for non-economic damages. Below, we have explained these categories to help you better understand them.

Pain and Suffering

This covers the physical discomfort, aches and physical agony that is directly tied to the injury. For example, if you are suffering from chronic back pain after a car accident on I-275, then you may qualify for non-economic damages Florida.

Do note that it is for the best to first prepare your case with a professional car accident lawyer before filing the lawsuit.

Mental Anguish and Emotional Distress

This includes the psychological trauma the person has suffered, like anxiety, depression or post-traumatic stress disorder. In such cases, an official diagnosis from psychiatrists, psychologists or licensed counselors is required.

Even though the accident or incident is caused by someone else’s negligence, the results may scar the victim for life. Therefore, consulting with a trusted brain injury lawyer in Tampa is vital.

Tampa traumatic brain injury lawyer is vital.

Loss of Enjoyment of Life

In these cases, the victim shows an inability to do something that they often used to do. Common examples of such activities include running, playing with kids or daily tasks they used to love.

For example, a motorcyclist who is unable to ride after a spinal cord injury may show a lack of enjoyment of life. In such cases, it is best to spinal cord injury lawyer in Tampa for non-economic damages.

Loss of Consortium

This non-economic legal claim compensates a person for the loss of intangible, non-monetary benefits. This includes cases like wrongful death or severe injury. The Florida Statute § 768.21 governs the types of damages that can be awarded in the case of consortium loss.

In such cases, a professional wrongful death attorney can help ensure that the wrongdoer is punished and can prevent others from committing similar acts.

Disfigurement or Physical Impairment

This addresses permanent scarring, physical deformities or the long-term loss of bodily function. In these cases, the compensation depends upon several factors, like severity, age, lifestyle and permanence. There is also no strict cap limit on these cases.

How Are Non-Economic Damages Calculated in Florida?

In Florida, the non-economic damages are calculated by juries or insurance adjusters. Multiplier and per diem methods are the two common practices for calculating non-economic damages. Below, we have explained how these two practices work to help you better understand how to calculate non-economic damages.

• Multiplier Method: In this method, the total financial cost (medical expenses, lost wages, etc.) is multiplied by 1.5 to 5 based on the injury severity. For minor injuries, it is usually around 1.5 to 2. For severe injuries, however, the scale increases to 4 to 5.
  
• Per Diem Method: This method assigns a specific daily dollar amount to a victim’s pain and suffering. The rate is them multiplied by the total number of days the person experiences distress. For example, if the rate is $150 per day for 1000 days for recovery, then $150,000 will be the required compensation.

Do note that while these methods are commonly used to calculate the compensation, the juries and insurance adjusters are not bound by either method. Instead, they often weigh the plaintiff’s credibility, medical records, and the treating physician’s testimony most heavily.

When Can You Sue for Non-Economic Damages in Florida?

You can file a personal injury claim for non-economic damages in Florida in case of almost any personal injury caused by another person’s negligence, recklessness, or intentional misconduct. Florida’s no-fault system restricts you from suing an at-fault driver for non-economic damages, such as physical pain or emotional distress, unless your injuries are severe.

Your own Personal Injury Protection (PIP) insurance will always pay for your initial medical bills and lost wages up to your policy limit, regardless of who caused the accident.

However, you do not lose your PIP coverage if you decide to sue the other driver. Instead, you are only legally allowed to file that lawsuit if your injuries meet Florida’s permanent injury threshold.

Furthermore, under House Bill 837, a lawsuit seeking non-economic damages must be filed within two years. This stricter deadline applies to incidents that occurred on or after March 24, 2023. If your accident happened before this date, your claim may still fall under the older four-year filing window.

In case you miss the deadline, then your right to seek compensation may be revoked permanently. Therefore, understanding these rules can help you seek fair compensation and negotiate a fair settlement, so please contact our firm immediately to confirm the exact expiration date for your case.

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