Highway Accident Injury Damages

highway accident injury damages

Car accidents can be life-changing, and the aftermath can be overwhelming. The physical and emotional toll that an accident can take on a person may seem insurmountable. But if you have been injured in a car accident in Florida, you have a right to compensation for your highway accident injury damages. The compensation may cover medical bills, lost wages, pain and suffering, and other damages. In this guide, we will discuss in detail the different types of car accident injury damages available to you in Florida.

The No-Fault System in Florida

Florida is a no-fault state when it comes to car accidents. This means that regardless of who is at fault, each driver’s insurance company pays for their medical expenses and lost income up to their Personal Injury Protection (PIP) coverage. PIP covers 80% of reasonable medical expenses and 60% of lost revenue up to $10,000. In case of a fatal accident, the death benefit is $5,000 which will be paid to the estate of the deceased or the deceased collision victim’s relatives.

However, if the injuries are severe, the victim may be able to recover highway accident injury damages outside of the no-fault system. Serious injuries include permanent injury, loss of bodily function, permanent scarring, or death. In such cases, the victim can pursue a personal injury claim against the driver who caused the accident.

Comparative Negligence Rules in Florida

Sometimes, both drivers involved in a collision share the blame for the accident. In these cases, Florida’s pure comparative negligence rules apply. This means that a victim can always claim to recover damages no matter how much of the blame they share. If a victim was 20% responsible for the collision and sustained $100,000 in losses, the victim could recover 80% of their $100,000 in damages or $80,000 total.

Reasons to Hire an Orlando Car Accident Attorney

The no-fault arrangement between the state and insurance companies can leave many accident victims at a disadvantage when it comes to recovering highway accident injury damages. Insurance companies may be quick to settle accident claims before victims have an opportunity to gather their thoughts. That’s why it’s important to contact an Orlando car accident attorney quickly after an accident. They can be your advocate when negotiating with your insurance company to ensure that you are justly and fairly compensated.

Economic Damages

Economic damages are those expenses and costs that are directly related to and are a result of the accident. The most common forms of compensatory highway accident injury damages include:

Medical Expenses

All your medical costs incurred from the moment you’re injured will be part of your final compensation package. This includes costs for the ambulance, healthcare expenses, traveling to follow-up medical appointments, and over-the-counter prescriptions and supplies.

Future Medical Expenses

If you will have to undergo future medical procedures or require long-term care, your attorney can seek damages for future expenses as well. Recovering medical expenses is a major part of seeking highway accident injury damages.

Lost Wages

Any work wages that you lost as a result of the accident should be included in your compensation package. This also includes any employer contributions to your health care or retirement fund.

Future Loss of Wages, Benefits, and Retirement Contributions

If your injuries cause you to change careers, take a lower-paying position, miss extensive days for medical care, or stop working altogether, your attorney should seek damages for future lost wages. Again, these will also include any benefit contributions that your employer makes.

Cost of Lost Services

If you’re unable to provide services or do normal chores around your home that you normally do — such as mowing the lawn, repairing the car, cleaning the house, or running errands — your attorney can seek compensation for the current and future costs of having to pay someone to provide these services for you.

Property Damage

Part of your economic losses includes the damage done to your vehicle, as well as any personal property that was contained within the car and damages as a result of the accident.

Non-Economic Damages

Non-economic damages are injuries or losses that result from the accident, which are suffered on a more personal level rather than direct out-of-pocket expenses. These compensatory non-economic damages include the following:

Pain and Suffering

This includes the physical pain that you endured at the time of the accident as well as throughout the recovery period and any potential lasting pain you may have to endure due to the crash.


Disfigurement damages provide additional compensation for loss of limbs, loss of eyesight, loss of hearing, loss of fingers or toes, excessive scarring, and any similar type of bodily change resulting from the injury from the accident.

Physical Impairment

Your injury may have caused you to lose the ability to do certain things. Any restrictions you have with your body because of your accident injury are considered an impairment. Impairment compensation is based on the severity of the restriction, if there is potential for recovery, and how negatively the impairment will affect your future.

Mental Anguish

This is a very personal type of injury. Compensation for the stress and anxiety caused by the accident may be part of your claim for highway accident injury damages. For some people, mental anguish claims may be even more severe if there are lasting problems caused by the accident, such as the onset of mental disorders like depression.

Loss of Consortium

Damages associated with loss of consortium are reserved for the spouse or children of a loved one killed in a fatal car accident. Close family members can seek compensation in a wrongful death case for losing their ability to interact with a deceased loved one.

Punitive Damages

Punitive damages are a type of financial penalty used by the court system to punish the responsible party if they believe that gross negligence played a role in the accident. Punitive damages may be awarded if the person who caused your accident was driving under the influence, texting while driving, or otherwise recklessly driving.

Statute of Limitations to File a Lawsuit for Highway Accident Injury Damages

Under Florida’s statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit for highway accident injury damages. That deadline is an important reason to contact an Orlando car accident attorney as soon as possible after an accident, even if an injury is not at first apparent. In many cases, injuries could take a couple of years after the incident to manifest.

Talk to An Orlando Car Accident Attorney

If you have been injured in Florida due to someone else’s negligence or recklessness, do not take chances with your legal claim. Call 866-730-1882 for a free consultation with an Orlando car accident attorney at the Martinez Manglardi personal injury law firm. We have been proudly serving the people of Florida for 35 years, recovering hundreds of millions of dollars in verdicts and settlements on their behalf. Our team of personal injury lawyers is committed to protecting the safety of Florida families statewide, and with full-service offices throughout Central Florida, we are ready to help you recover the highway accident injury damages you deserve.

We get paid only if we win.

Fill out a free case evaluation and discover what Martinez Manglardi can do for you.