Personal injury damages in a Daytona Beach car accident
Daytona Beach, FL – Officers responded to a head-on crash with serious injuries in Daytona Beach on Wednesday.The wreck occurred at the intersection of Hagen Terrace and West International Speedway Boulevard, police said in a tweet. The crash involved two vehicles, and one person was taken to the hospital with serious injuries in the aftermath.
Types of damages you can recover for a car accident in Daytona Beach
In Florida, car accident damages are calculated based on the principle of comparative fault, which means that each party involved in the accident is assigned a percentage of fault. The amount of damages that each party can recover is then based on their percentage of fault.
Here are the types of damages that are typically included in a car accident claim in Florida:
Economic damages: These are damages that can be quantified and include medical expenses, lost wages, and property damage.
Economic damages refer to the financial losses that a victim of a car accident incurs as a result of the accident. These damages are quantifiable, meaning that they can be calculated based on a specific dollar amount. In Florida, economic damages in a car accident claim may include:
Medical expenses: This includes the cost of medical treatment, hospitalization, ambulance fees, physical therapy, and any other medical expenses related to the accident.
Lost wages: This refers to any income that the victim lost as a result of the accident. This includes missed work time, sick leave, vacation days, and other forms of compensation that the victim would have earned if not for the accident.
Property damage: This includes the cost of repairing or replacing the victim’s car or any other property damaged in the accident.
Future medical expenses and lost wages: In some cases, the victim may require ongoing medical treatment or be unable to work in the future due to injuries sustained in the accident. In these cases, the victim may be entitled to compensation for future medical expenses and lost wages.
It’s important to note that the above list is not exhaustive, and other economic damages may be included in a car accident claim in Florida, depending on the specific circumstances of the accident. A personal injury attorney can help victims of car accidents in Florida determine the types and amount of economic damages they are entitled to receive.
Non-economic damages: These are damages that are difficult to quantify and include pain and suffering, emotional distress, and loss of enjoyment of life.
Non-economic damages in a car accident claim refer to the non-financial losses that a victim incurs as a result of the accident. These damages are not as easily quantifiable as economic damages and typically require a subjective assessment of the victim’s experience. In Florida, non-economic damages in a car accident claim may include:
Pain and suffering: This refers to physical pain, discomfort, and emotional distress that the victim has experienced as a result of the accident.
Emotional distress: This includes psychological or emotional injuries caused by the accident, such as depression, anxiety, and post-traumatic stress disorder (PTSD).
Loss of enjoyment of life: This refers to the loss of the ability to participate in activities and hobbies that the victim enjoyed before the accident.
Loss of consortium: This includes the loss of companionship, intimacy, and other benefits of a personal relationship that may have been affected by the accident.
It’s important to note that non-economic damages are often more difficult to prove and calculate than economic damages. A personal injury attorney can help victims of car accidents in Florida evaluate their non-economic damages and ensure that they receive the full compensation they are entitled to for their losses.
Punitive damages: These are damages that are awarded to punish the at-fault party for particularly egregious behavior, such as driving under the influence.
Punitive damages in a car accident case are awarded in Florida when the at-fault party’s behavior was particularly reckless or intentional, and their conduct demonstrated a conscious disregard for the safety of others. Punitive damages are meant to punish the at-fault party for their conduct and to deter others from engaging in similar behavior in the future.
- In Florida, punitive damages in a car accident case may be awarded when the at-fault party:
- Was driving under the influence of drugs or alcohol
- Was driving in a reckless or aggressive manner, such as speeding or running red lights
- Was driving with knowledge that their vehicle was in a dangerous condition
- Fled the scene of the accident or engaged in other intentional misconduct.
It’s important to note that punitive damages are not always awarded in a car accident case. The determination of whether to award punitive damages, and the amount of those damages, is within the discretion of the jury. A personal injury attorney can evaluate the circumstances of the accident and advise victims of their potential for recovering punitive damages.
How are damages calculated in a car accident
To calculate damages in a car accident in Florida, the following steps are typically taken:
Collect evidence: This includes gathering information about the accident, such as police reports, witness statements, and photos of the scene.
Determine fault: This involves analyzing the evidence to determine who was at fault for the accident and what percentage of fault each party bears.
Calculate damages: Once fault is determined, damages are calculated based on the types of damages listed above and the percentage of fault assigned to each party.
Negotiate a settlement: The at-fault party’s insurance company will typically offer a settlement to the victim, which the victim can accept or reject. If a settlement cannot be reached, the case may go to trial.
It’s important to note that Florida has a statute of limitations on personal injury claims, which means that victims have a limited amount of time to file a claim after an accident. It’s important to consult with a personal injury attorney as soon as possible after an accident to ensure that you receive the compensation you deserve.
If you were recently injured in a hit-and-run or any other type of car accident in the Daytona Beach area, schedule a free consultation with an experienced lawyer at Pappas & Russell PA and let them help you with your claim.
Contact info:
213 Silver Beach Avenue
Daytona Beach, Florida 32118
Phone: (386) 254-2941
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