Most people don’t think about the true cost of a car accident—until it’s too late. A collision might leave you with a mountain of medical bills, weeks of lost income, and injuries that can alter the course of your life. Yet, these tangible costs barely scratch the surface of what you’re entitled to recover.
When another driver’s negligence disrupts your life, the law empowers you to seek more than just compensation for car repairs. The legal system offers a path to help recover what you’ve lost—and a chance to rebuild what lies ahead.
Don’t leave money or peace of mind on the table. Call Englander Peebles at (954) 500-4878 today for a free consultation and let our experienced attorneys fight for the compensation you deserve.
Economic (Pecuniary) Damages
Every financial setback you experience after a car accident has a name and a value under the law. These are economic damages, and they are the foundation of most car accident claims. These damages address measurable losses—the kind that leave you with receipts, invoices, and statements.
Medical Expenses
In Florida, medical costs frequently account for the largest portion of economic damages in car accident cases. The bills begin immediately: ambulance rides, emergency room visits, and hospital stays. Unfortunately, treatment may not stop there. Surgeries, physical therapy, specialist consultations, and prescription medications add up quickly.
For long-term injuries, the financial impact grows even heavier. Victims with permanent disabilities may require mobility aids like wheelchairs, in-home care, or home modifications such as wheelchair ramps. Florida law allows you to seek compensation for these expenses, including future medical care reasonably anticipated due to the accident.
Lost Wages and Loss of Future Earning Capacity
When injuries force you to miss work, the missed paychecks can create an immediate strain. But what about the earnings you’ll miss long after the accident?
Permanent injuries can reduce your ability to work at the same capacity—or prevent you from working altogether. Florida courts recognize this long-term loss under the category of diminished earning capacity, calculating damages based on your age, occupation, and expected career trajectory before the crash.
Property Damage
Your vehicle isn’t just a way to get around—it represents a significant financial investment. Florida law allows you to recover the cost to repair or replace your car if an accident damages it. Beyond the vehicle itself, this category of damages also covers personal belongings destroyed in the crash, such as laptops, cell phones, or other items that were in your car.
Other Out-of-Pocket Expenses
The financial impact of a car accident doesn’t stop at the obvious. Consider the secondary costs—transportation to medical appointments, temporary vehicle rentals, or childcare services during your recovery. Florida law allows you to include these incidental expenses in your claim, provided you can document them.
Non-Economic (Non-Pecuniary) Damages
Money compensates for a lot, but it doesn’t make up for everything. Non-economic damages account for the intangible losses that weigh on you after a car accident—losses that extend far beyond bank accounts and repair shops. These damages address the personal toll that no invoice or pay stub could ever capture.
Pain and Suffering
Physical pain takes many forms. It lingers long after hospital visits and physical therapy. Whether it’s constant discomfort, nerve damage, or a chronic condition caused by the crash, Florida law allows victims to recover compensation for the pain they endure.
Suffering doesn’t stop at the physical level. Emotional trauma accompanies many accidents, manifesting as anxiety, depression, or post-traumatic stress disorder (PTSD). You might find yourself reliving the crash in your mind or struggling with daily fears about getting behind the wheel.
Loss of Enjoyment of Life
A car accident doesn’t just injure your body—it reshapes your world. Think about the hobbies and activities that defined you. Maybe you loved running on the beach or playing soccer with your kids. Injuries that take those joys away leave a gaping hole in your life. Florida courts recognize this loss, allowing victims to seek damages for the diminished ability to enjoy life’s pleasures.
Loss of Consortium
Relationships suffer when accidents strike. Florida law permits spouses and family members to seek damages for the loss of companionship, affection, and intimacy caused by accident-related injuries.
Punitive Damages
Punitive damages don’t aim to reimburse the victim directly. Instead, they exist to penalize the at-fault party and discourage behavior that endangers others.
Florida law sets a high bar for awarding punitive damages. Negligence alone doesn’t qualify. The responsible party must have acted with gross negligence or intentional misconduct. Gross negligence means behavior so reckless that it demonstrates a complete disregard for the safety of others. Potential examples include excessive speeding through a school zone or racing another driver on a crowded highway.
Intentional misconduct escalates the offense. Think of a driver intentionally running another vehicle off the road or causing a collision in a fit of road rage. In these cases, the court’s goal is twofold: punish the wrongdoer and send a clear message that such actions won’t be tolerated.
Wrongful Death Damages
Wrongful death damages aim to ease the financial and emotional burdens left in the aftermath of tragedy. They cannot reverse the loss, but they offer families a way to move forward while honoring their loved one’s memory.
Funeral and Burial Costs
End-of-life expenses mount quickly. The costs of funeral arrangements, burial plots, cremation services, and memorial ceremonies become an immediate financial burden. These expenses, while necessary, can overwhelm grieving families. Under Florida Statutes §768.21, survivors can recover these costs as part of a wrongful death claim.
Loss of Financial Support
When the deceased contributed to the family’s income, their death creates a gaping financial void. Florida law permits families to seek compensation for the loss of financial support the deceased would have provided. This is similar to the damages for lost wages and diminished earning capacity, and it includes:
- Wages and benefits the deceased earned before their death.
- Future income the deceased reasonably would have earned, based on their age, profession, and expected career trajectory.
Loss of Companionship
These damages reflect the irreplaceable bond between family members and the lasting impact of its loss.
Emotional Distress
Florida courts allow families to recover damages for this distress, acknowledging the profound impact of such a loss. Attorneys use various approaches to assign a monetary value to emotional distress:
- Per Diem Method:
- Assigns a daily monetary amount to the distress and multiplies it by the duration of the suffering.
- For instance, $200 per day for one year of distress equals $73,000.
- Multiplier Method:
- Ties the emotional distress damages to economic damages.
- Multiplies those tangible costs by a factor (e.g., 1.5x to 5x) depending on the severity of the emotional harm.
In Florida, there is no requirement to use a specific method like the per diem or multiplier approach to calculate emotional distress damages. Instead, emotional distress compensation is typically left to the discretion of the jury or judge, guided by the evidence presented and the particular circumstances of the case.
Factors That Affect Compensation
Recovering damages after a car accident isn’t as simple as adding up bills or assigning a value to pain. Every case hinges on unique circumstances, and several key factors influence the amount of compensation you receive. These factors determine not just what you’re owed, but how much of it makes its way to you.
Severity of Injuries
The severity of your injuries plays a defining role in your compensation. Florida juries evaluate the extent of harm based on medical records, expert testimony, and the projected impact on your life.
For example, if an accident results in traumatic brain injury, spinal cord damage, or amputation, the compensation reflects not only immediate expenses but also long-term costs like rehabilitation, assistive technology, or in-home care. The more life-altering the injury, the greater the damages.
Degree of Fault
Florida follows a modified comparative negligence rule under Florida Statutes §768.81. This means your compensation depends on your percentage of fault. If the jury determines you were partially responsible for the accident—say, you were texting while driving—you will lose a proportional share of your damages.
For instance, if you’re awarded $100,000 but found 20% at fault, you’ll recover only $80,000. However, Florida’s recent legislation may bar recovery if you are more than 50% at fault.
Insurance Policy Limits
Compensation relies heavily on the at-fault party’s insurance coverage. Florida drivers are required to carry a minimum of:
- $10,000 in Personal Injury Protection (PIP) coverage.
- $10,000 in Property Damage Liability (PDL) coverage.
But these minimums rarely cover the full cost of serious injuries or property damage. In cases where damages exceed policy limits, victims may need to pursue compensation from their own uninsured/underinsured motorist coverage—if they carry it—or directly from the at-fault party’s personal assets.
How a Personal Injury Attorney Can Help
Pursuing compensation after a car accident involves more than filing a claim—it’s a battle against insurance adjusters, legal technicalities, and deadlines. Without a skilled advocate, it’s easy to lose out on what you deserve.
Negotiating with Insurance Companies
Insurance adjusters don’t work for you—they work to protect their employer’s bottom line. That means offering low settlements, disputing claims, or delaying payouts. A personal injury attorney knows how to counter these tactics. Armed with legal knowledge and negotiation experience, they push back against unfair offers and ensure you’re not shortchanged.
Calculating Damages Accurately
Determining the full scope of your losses isn’t as simple as adding up bills. As mentioned earlier, damages go beyond the obvious costs of medical treatment and lost wages. An attorney evaluates every angle of your case, including:
- Long-term medical expenses and future care needs.
- Pain and suffering damages, using proven methods to assign a monetary value.
- Property losses and incidental expenses tied to the accident.
Their job is to ensure no loss—tangible or intangible—is overlooked.
Navigating Complex Laws
Florida’s legal landscape comes with specific rules, from comparative negligence laws to insurance requirements under Florida Statutes §627.736, which governs Personal Injury Protection (PIP) coverage. A personal injury attorney keeps your case compliant with these laws, avoiding common pitfalls that could jeopardize your claim.
Meeting Deadlines
Florida’s statute of limitations for personal injury claims under Florida Statutes §95.11(3)(a) gives victims limited time to file a lawsuit. Missing these deadlines means forfeiting your right to compensation. An attorney may ensure your case moves forward on time.
Representing You in Court
While most car accident cases settle out of court, some disputes escalate. If negotiations fail, an attorney prepares your case for trial, presenting evidence, questioning witnesses, and making persuasive arguments to a judge or jury. Their courtroom experience shifts the odds in your favor.
Claim What You’re Owed with Englander Peebles
Every car accident tells a story—but the story doesn’t end at the crash site. It continues with your recovery, your fight for justice, and your pursuit of the compensation you deserve. Whether it’s covering medical bills, replacing lost income, or confronting the emotional toll of the crash, this moment is your chance to take control.
At Englander Peebles, we know how to turn a painful chapter of your life into a path forward. Let us handle the legal fight while you focus on rebuilding your life. Call (954) 500-4878 today for a free consultation and let our experienced attorneys help you claim what you’re owed.