If you have been involved in a car, truck, motorcycle, or other type of accident, you will likely have sustained a variety of damages. Once you have established that the party responsible for the accident acted in a negligent manner, you will need to prove your damages. Damages is a term that refers to all financial and emotional costs related to your injuries.
Damages are often the most important part of a personal injury case. If you cannot establish that you experienced financial and emotional costs related to your injuries, you will not have a viable personal injury case, no matter the level of negligence displayed by the defendant or defendants.
Types of Damages
Damages in a personal injury case in Miami can be divided into tangible and intangible. Tangible damages are those you can easily quantify and see. They include all money spent on treating your injuries, as well as property damage. Intangible damages, on the other hand, are harder to quantify and may not be visible to the naked eye. They include emotional distress, loss of consortium, mental anguish, and other psychological effects.
Tangible damages are sometimes also referred to as economic damages, as they relate to concrete financial costs. Intangible damages can also be described as non-economic damages due to their psychological nature.
Potential tangible damages stemming from the accident include:
- Hospital and doctors bills
- Emergency transportation bills
- Physical therapy and chiropractic bills
- Out of pocket expenses, including medications, bandages, etc.
- Estimates for damaged property
- Lost wages
Intangible benefits can include the following:
- Loss of consortium
- Mental and emotional pain and suffering
- Loss of enjoyment of life
Proving intangible damages can be more challenging that tangible ones. Evidence as to intangible damages may include reports from mental health counselors, the testimony of friends and family, psychological narratives, and any other evidence of emotional and mental anguish.
In some cases, punitive damages may also be awarded. Unlike tangible and intangible damages, punitive damages are not intended to compensate the victim. Rather, they are awarded with the purpose of punishing the wrongdoer. They will usually be capped at a certain percentage time the damage award, but can be quite substantial. These damages will only be awarded in the case of recklessness or extreme negligence.
Your attorney will assist in gathering all evidence necessary of your tangible and intangible benefits. This will include gathering extensive documentation from doctors and other professionals, as well as your workplace. Your attorney will fight to see that you obtain compensation for all of your damages stemming from the accident by preparing appropriate evidence and presenting it in a thorough manner. Once you have generated a final calculation as to all of your damages, you can strive to obtain a fair settlement or present your case at trial.
Greenberg Stone and Urbano: Seeking Full Compensation for Your Damages Sustained Due to Negligence
If you have been injured in any sort of accident involving potential negligence, the Miami Personal Injury Attorneys at Greenberg Stone and Urbano will aggressively fight to see that you obtain the full compensation you deserve. For over 130 collective years, our firm has assisted accident victims in personal injury and wrongful death actions across South Florida. We seek to obtain compensation for your tangible and intangible damages, including medical bills, lost wages, pain and suffering, and more. Our skill and dedication has earned us an AV rating from Martindale Hubbell and recognition as one of South Florida’s top firms by the Miami Herald. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule your initial consultation.