PARKLAND PERSONAL INJURY LAWYERS
PARKLAND PERSONAL INJURY LAWYERS
Were You Injured In An Accident In Parkland?
Individuals who suffer an injury due to the negligence of another are entitled to damages from the guilty party. The damages are in the form of financial compensation. Punitive damages are not sought in personal injury cases. But Parkland personal injury lawyers may recommend that you need to seek punitive damages.
You should understand the difference between compensatory and punitive damages that are awarded to victims of personal injury cases. Knowing the difference between the two will help you make the right action regarding a personal injury case.
How A Parkland Personal Injury Attorney Can Help Go After Damages
Compensatory damages are awarded for losses and injuries sustained in an accident. You will be able to seek compensation if you are injured in an accident caused due to another person’s actions. The aim of compensatory damages is to ease the financial burden and also to compensate the victim for the losses sustained due to the accident.
Two types of compensatory damages include economic compensation and non-economic compensation.
Economic compensation refers to monetary compensation. The compensation is determined by a Parkland personal injury lawyer after analyzing different factors. Some of the factors that determine economic compensation include the following.
- Los of Wages — A victim who has sustained an injury may not work for a few days or months after an accident. The wages lost due to the injury are added to the compensation amount. Both past and future lost wages are calculated to determine the amount awarded to the victim.
- Medical Bills — Medical bills are also assessed to determine the monetary compensation. Cost of surgery, emergency room, medications, physical therapy are all included in economic compensation.
- Legal Costs — Costs of hiring the services of a Parkland personal injury lawyer are also assessed when determining the compensation amount.
- Damage to Property — Compensation amount also includes damage to vehicle, clothing, or other personal items damaged during the accident.
Non-economic compensation includes losses that don’t have any tangible value. Experienced Parkland personal injury lawyers know how to calculate compensation for the intangible losses. Some of the non- economic losses that are considered when determining the compensation amount include the following.
- Emotional Pain — A victim can experience mental stress that includes anxiety, fear, and insomnia after an accident. The stress can result in reduced enjoyment in leisure activities or a hobby.
- Physical Pain — Physical pain is also an intangible loss that causes great discomfort and suffering. The victims may suffer anguish due to impairment or disfigurement after an accident.
Generally, experienced attorneys use a multiplier method to calculate the non-economic compensation amount. The multiplier method involves multiplying the economic compensation by a multiplier that normally ranges from 1.5 to 3 depending on the severity of the pain.
What Are Punitive Damages in A Parkland Personal Injury Case?
Punitive damages are different than compensation awards. The damages are meant to punish a person who is responsible for an accident. These damages are awarded to the victim only if the guilty person has been remarkably reckless or malicious resulting in an injury.
The damages are different and in addition to monetary and intangible damages. The aim of the damages is to punish the guilty person for reckless behavior. In other words, this type of damages isn’t awarded to compensate the victim for the losses. They are awarded to punish the guilty party for the reckless, malicious, and grossly negligent action that has resulted in an injury.
Suppose that a driver is guilty of over speeding that has resulted in a serious road accident. The lawyer of the victim can argue that punitive damage should be awarded to punish the driver for the gross violation of road rules that have resulted in the accident. The attorney could argue that the actions of the driver show that the driver had intentionally violated rules resulting in serious injuries to the victim. The punitive damage will serve as a warning for others who display similar dangerous behavior on the road.
How Parkland Personal Injury Punitive Damages Calculated?
Punitive damages are calculated differently than compensatory damages. There is no general formula for determining punitive damage. However, the amount of punitive damage can be high.
Judges look at different factors to determine the punitive damage. Some of the factors that are considered when determining punitive include the following.
- The seriousness of the injury
- The fault of the driver
- The amount that will be sufficient to give a clear warning to others
Generally, punitive damages should be appropriate to the actual damage caused due to the accident. However, when is considered appropriate depends on individual personal injury cases.
The amount of punitive damages also differs in states. Generally, the damages are based on a different percentage of the compensation amount. In Florida, the punitive damage can be as much as two times the compensation amount.
However, Florida puts a cap on the amount of punitive damage that you can claim. The state laws limit the punitive damages to greater of $500,000 or three times the compensation amount.
Speaking With A Parkland Personal Injury Attorney Near Me Today
Punitive damages are different than compensatory damages. The latter is awarded to compensate the victim for economic and non-economic damages, while the former is awarded to punish the guilty party.
Keep in mind that there should be a reasonable basis for the award of punitive damage. The court will not award punitive damage if there is clear evidence of reckless misconduct by a guilty party. The reasonable basis is required to prevent frivolous claims for punitive damages.
You need to contact a professional personal injury lawyer to ensure that you get the best possible representation for your case. The attorney will evaluate the evidence and inform you when you should go for punitive damages.
If you or your loved one has been injured due to the intentional or reckless behavior of another, you need to contact an experienced Parkland personal injury attorney today. The attorney will offer expert counsel that will help you maximize the payout in case of a personal injury lawsuit. With the help of the attorney, you can easily navigate through the complex court requirements and get the compensation that you deserve.