Lauderdale Lakes Personal Injury Lawyers
If you’ve been hurt due to someone else’s negligence in Lauderdale Lakes, you don’t have to face the legal process alone. The personal injury lawyers at Donaldson & Weston are here to help you understand your rights and fight for the compensation you deserve. From car crashes to slip and fall incidents, we handle a wide range of injury claims with care and dedication. Let us review your case during a free consultation. Call 866-349-2912 today to speak with an experienced legal team that puts your recovery first.
Understanding Non-Economic Damages in Florida Personal Injury Claims
When someone is injured in an accident in Florida, their losses go beyond medical bills and missed time at work. While economic damages can be calculated using receipts, invoices, and wage statements, another category of compensation—non-economic damages—often plays a significant role in personal injury cases. These damages relate to the human impact of the injury, such as emotional distress, pain, and the loss of enjoyment in daily life.
What Non-Economic Damages Are and Why They Matter
Non-economic damages refer to the personal, intangible losses someone experiences after an injury. They are not tied to direct financial costs but reflect the emotional and psychological toll an accident takes. Florida law recognizes that injury victims suffer in ways that aren’t reflected on a bill or spreadsheet. That’s where non-economic damages come in.
Examples of these damages include:
- Physical pain and discomfort
- Emotional distress or trauma
- Anxiety or depression
- Loss of the ability to enjoy hobbies or daily activities
- Disfigurement or physical impairment
- Loss of companionship in wrongful death cases
Non-economic damages are often the most personal part of a claim. They vary significantly from one person to another, depending on the injury, the person’s age, lifestyle, and how their life has changed after the accident.
The Role of Non-Economic Damages in Florida Personal Injury Law
Florida law permits victims of negligence-based injuries to pursue both economic and non-economic damages when filing a personal injury lawsuit. These are not limited to car accidents—they also apply to incidents involving slip and falls, workplace accidents, medical malpractice, defective products, and more.
However, Florida operates under a comparative fault system. If a person is found to be partially at fault for their injury, their compensation—economic and non-economic—may be reduced in proportion to their share of the blame. This system impacts the final amount an injured party can recover, including the compensation for pain and suffering.
For example, if a pedestrian is awarded $100,000 in damages but is found to be 20% at fault for the accident, their compensation would be reduced by 20%, leaving them with $80,000. This reduction applies to all types of damages, including those for emotional harm and loss of enjoyment.
How Non-Economic Damages Are Calculated
Unlike medical expenses or property damage, non-economic damages don’t come with receipts. So how are they calculated?
In Florida, there is no fixed formula. Instead, judges and juries consider multiple factors:
- The severity and permanence of the injury
- The duration of physical pain and emotional suffering
- The injured person’s age and overall health
- The impact on the victim’s ability to work, socialize, or enjoy life
- The credibility of the claimant and supporting witnesses
Attorneys often work with expert witnesses such as psychologists, physicians, and vocational experts to demonstrate how an injury has affected a person’s quality of life. Testimony from family members and close friends can also provide valuable insight.
Some insurance companies use rough guidelines—such as multiplying the economic damages by a certain factor—to estimate pain and suffering. However, this method is not legally binding and is often challenged in court when negotiations fail.
Limits on Non-Economic Damages in Florida
Florida generally does not cap non-economic damages in most personal injury cases. However, there have been exceptions, particularly in medical malpractice cases. Until recently, non-economic damages in medical malpractice claims were capped at $500,000 or $1 million in certain situations. But in 2017, the Florida Supreme Court ruled that those caps were unconstitutional, allowing full recovery in these cases as well.
It’s important to note that Florida law may change, so staying updated is key. A skilled attorney can explain the most current rules that may affect your case.
Wrongful Death and Loss of Consortium Claims
In cases where an accident results in a fatality, surviving family members may be able to pursue non-economic damages through a wrongful death claim. These may include:
- Mental pain and suffering of the surviving spouse or children
- Loss of companionship, guidance, and protection
- Loss of parental companionship for minor children
Additionally, a spouse may file a claim for loss of consortium, which refers to the loss of intimacy, support, and services in a marriage. These types of claims acknowledge that injuries affect not only the victim but also their close relationships.
How to Strengthen a Claim for Non-Economic Damages
Proving non-economic damages can be challenging. There’s no bill or invoice to point to, and insurers often attempt to downplay emotional harm. That’s why documentation and credible testimony are critical.
Here are some steps injury victims can take to support this part of their claim:
- Keep a daily journal documenting pain levels, emotions, and daily limitations
- Follow all prescribed medical treatment and attend therapy if needed
- Obtain statements from mental health professionals, if applicable
- Ask friends or family to write about how the injury has affected your behavior or activities
- Preserve photos or videos showing physical changes or mobility issues
Every detail helps paint a clearer picture of how the injury has changed the victim’s life. A personal injury attorney can help organize and present this information effectively.
Common Misunderstandings About Pain and Suffering Compensation
Many people assume they’re not entitled to compensation unless they’ve faced major physical injuries. Others believe emotional distress is too hard to prove, so it’s not worth pursuing. These beliefs can lead to undervalued claims or missed opportunities for recovery.
In reality, even injuries that seem “minor” on the surface can have long-lasting emotional effects. Anxiety, PTSD, depression, and social withdrawal are common among accident victims—even when their physical injuries eventually heal. Florida law recognizes this and allows for recovery where those damages can be clearly shown.
Another misconception is that only the most dramatic injuries qualify for high non-economic awards. While severity plays a role, the legal system also considers how the injury affects the individual’s life and relationships. Two people with similar injuries may have very different outcomes based on their daily roles and lifestyle before the accident.
Why Legal Help Matters in These Cases
Insurance companies rarely offer fair compensation for non-economic damages without pressure. Their goal is to minimize payouts, and emotional harm is often the first thing they try to dismiss. A qualified personal injury lawyer in Lauderdale Lakes can push back with the evidence needed to demonstrate the full scope of a client’s suffering.
Legal professionals understand how to build strong arguments around non-economic damages. They gather supporting documents, work with medical experts, and prepare clients to present themselves credibly during settlement talks or in court. Without experienced representation, many victims walk away with less than they deserve.
Lauderdale Lakes Personal Injury Attorneys Fighting for You
If you’ve been injured in an accident in Lauderdale Lakes, you deserve strong legal representation. The personal injury attorneys at Donaldson & Weston are committed to helping you recover physically and financially. We fight for clients who have been harmed by negligence and strive to secure the compensation they need to move forward. Whether your case involves a car crash, a fall, or another serious injury, we’re ready to help. Call us at 866-349-2912 for a free consultation. You don’t pay unless we win. Let us help you take the next step toward justice.
