The types of compensation you can recover in a Jacksonville personal injury case are your economic and non-economic losses. To be clear, in a personal injury case, “damages” often mean two things—the losses you sustained or the monetary compensation you receive for your losses.
Proving negligence is an essential first step to recover a compensation settlement or judgment. A Jacksonville personal injury lawyer can help you investigate the accident for evidence that supports your claim.
Typical Economic And Non-Economic Losses In Personal Injury Cases
Your compensatory damages in a Jacksonville personal injury case will depend on factors such as:
- The type of accident
- The severity of your injury
- Your age, education, and income when the accident occurred
- The level of the defendant’s negligence
Your Jacksonville, FL legal team can help you recognize damages related to your injury. Typically, losses fall into two broad categories.
Economic Losses
Economic losses are objective, provable financial losses directly related to the accident and your injury. They include the following:
- Ambulance rides for emergency care
- Transportation for medical appointments
- Healthcare professionals’ fees
- Emergency room visits
- Diagnostic tests
- Hospital stays
- Surgeries
- Physical therapy
- Prescriptions and over-the-counter medication
- In-home or facility aftercare
- Assistance with activities, such as childcare or cleaning
- Future medical care
- Repair or replacement of property
- Loss of current income
- Reduced earning capacity
- Modifications to your home or vehicle
Non-economic Losses
Non-economic losses are subjective and do not include losses that come with a bill or invoice. They may consist of the following:
- Physical pain and suffering
- Mental anguish
- Depression and anxiety
- Life changes brought on by disability
- Trauma associated with disfigurement
- Loss of consortium
- Changes in relationships
- Loss of quality of life
- Loss of enjoyment in life
Accidents That Often Lead To Personal Injury Cases
If your circumstances don’t match any in the following list, it doesn’t mean you don’t have a case. Anyone injured due to another party’s negligence should seek guidance from a Jacksonville personal injury attorney. Most personal injury lawyers offer free case consultations and can help outline your best legal options.
These are everyday events that can lead to injuries due to a negligent act:
- Car accident. When a driver ignores the rules of the road and speeds or drives while impaired, that reckless choice can cause a crash and injuries to others.
- Truck accident. The devastation a 40-ton loaded commercial truck can bring to a 2-ton passenger car is unimaginable, but it happens. A fatigued truck driver or improperly loaded cargo can cause catastrophic injuries or death to unsuspecting victims.
- Slip and fall accident. If a shop owner or employee creates a slipping hazard or fails to fix or warn visitors about it, they may be liable for your losses if you slip, fall, and suffer injuries.
- Dog bite. In Jacksonville, FL, the dog owner is responsible for damages if their dog bites someone. There are caveats to this rule that a personal injury attorney experienced in liability laws can review with you if you or a family member suffered a dog bite injury.
- Bike accident. When struck by a car and truck sharing the road, bicyclists have little protection. If they collide, it’s the bicyclist who suffers.
- Motorcycle accident. Motorcycle riders are in the open, as are bicyclists, but motorcycles can accelerate to avoid accidents with four-wheel vehicles. However, bikers are unprotected, and that extra speed they enjoy can mean their injuries are more severe.
What Is The Statute Of Limitations To File A Personal Injury Lawsuit In Jacksonville?
In a personal injury case, you or your attorney usually negotiate with the liable party’s insurers for a fair compensation settlement. Most cases are resolved at this stage. However, if the insurer will not negotiate in good faith and you can’t reach an agreement, you might have to seek justice from the courts.
A state’s statute of limitations is the time you have to begin legal action against a defendant starting from the accident date. In Florida, that deadline is two years. If you fail to file your lawsuit by then, the court could prohibit you from seeking compensation via a trial. If you are unable to negotiate a settlement and miss the filing deadline, you may not recover any compensation for your losses.
Exceptions To The Statute Of Limitations Exist
The court may pause or toll the two-year time limit if the following apply:
- The defendant is not in Florida
- The defendant is hiding or using a false name and cannot be found
- The victim was legally incapacitated prior to the accident
- The victim was a minor at the time of the accident
Tolling is a complicated point of law. Your attorney can help determine if these or any other exceptions apply to your personal injury case.
The Four Elements Of Negligence You Must Establish For Your Personal Injury Case
If you cannot establish the following elements of negligence in your case, you might find that you do not have a compensation claim:
- The defendant owed you a duty to take reasonable care not to cause harm.
- The defendant breached that duty of care by doing (or not doing) something that created a risk of harm.
- The defendant’s breach caused the accident and your injury.
- The injury you sustained caused you to suffer losses.
Call A Jacksonville Personal Injury Attorney To Discover The Types Of Compensation You May Recover
At the Law Offices of Anidjar & Levine, our legal team fights for the settlement or judgment you deserve. Compensation for personal injury cases should make you whole again—as if the accident never happened. A severe injury may make that outcome unlikely, but the settlement or judgment you recover can help you prepare for a new future.
Don’t hesitate to fight for your rights and the justice you and your family are due. Contact us today to find out what your future may hold.
