If you are injured in a car accident and your car is damaged, you suffer economic damages. If the accident was not your fault, you can file a claim for compensation for these damages, depending on your state.
In Florida, you must have evidence and documentation to back it up if you want to file a claim. You must also prove the value of your damages if you want to get fair compensation.
Whether you have to deal with medical bills or lost income, it is important to understand how the value of your losses impacts your case.
What Does Economic Damages Mean?
Economic damages refer to losses you and others can physically see and experience. For instance, your medical bills will be real and quantifiable after injury. You must pay for emergency care, hospital stays, surgery, medication, etc.
All of these things can have a cost added to them. You must work out how much your medical bills cost you out-of-pocket to recoup your losses through a legal claim.
The same goes for lost wages. If you cannot work or will not be able to work in the future, your calculations must include lost income.
Other economic damages include the damage to your car (replacement or repair). It could also include expenses like traveling to the hospital or getting your house modified in case of disability.
How to Prove Economic Damages in Florida
Living in Florida means you must prove economic damages using the ‘preponderance of the evidence’ standard. This standard requires you to demonstrate that your damages are more likely than not accurate. You must also prove that your damages directly result from the accident.
Link Your Damages to the Accident
By linking your damages to the accident, you demonstrate that the at-fault party caused your losses. You can do this with:
- Medical bills. You must provide medical records and copies of your medical bills after an accident. This is the best way to link your injuries to the at-fault party’s actions.
For example, if the defendant rear-ended your car, your whiplash would directly result from the impact. - Lost wages. You will also have to prove how the accident resulted in you missing out on income. You can get a letter or statement from your employer confirming you are not getting paid because you are not at work.
- Property damage. You can use invoices or repair estimates to prove the damage done to your car because of the accident. A T-bone crash, for instance, can cause severe damage to any vehicle, including the steering rack.
Provide the Right Documentation
The court and the defendant’s lawyer will not take your word regarding economic damages. You must provide proof in the form of the right documentation.
As mentioned, you will need medical records, receipts, and employment records. But you will also need detailed information about your diagnosis after the accident. You and the defendant’s lawyers will also want information about your future treatment plans and prognosis reports.
Proving Medical Expenses
Your medical expenses will likely make up most of your economic damages settlement. Medical bills usually include ER visits, physical therapy, and future medical expenses.
You can prove that you required (and will still require) these treatments and services by getting your doctors and physical therapists to testify during your case.
Moreover, your current and future medical needs come at a specific cost. You can calculate these to include them in your personal injury claim.
Proving Lost Wages
The same applies to lost income. You may not be able to work over the short or long term. Either way, you should be compensated for losing out on wages. In addition to a statement or letter, you can use your pay stubs to calculate the income you will not get.
You can also ask an expert to determine how much income you will lose if you cannot work long-term. Your age, profession, and career path will play a role in this calculation.
Proving Property Damage
You can prove the value of your property damage by taking photos of the damage to your car. You should ideally take these photos directly after the accidents. These pictures and estimates from auto shops will help you calculate the extent of the damage.
If your car cannot be repaired, you will have to shop around for quotes from car dealers because you will have to replace your car.
Other Expenses to Consider
Economic damages extend beyond medical bills, lost income, and property damage. In some cases, other expenses must be included in a personal injury claim.
For instance, you may have to use public transport while your car is in the shop. If you are admitted to the hospital for several days, you may need to hire someone to care for your children.
If you suffer a temporary or permanent disability, you must consider modifying your house. This will all cost extra money you must pay out of pocket.
Dealing With Insurance Companies
Even if you carefully calculate all your damages after an accident, there is no guarantee the at-fault party’s insurer will pay you a settlement.
This is why you must have all the evidence you need from the beginning. Your lawyer can help you structure the evidence and create a demand letter.
If the insurer responds with a lowball offer, you should not accept it. In most cases, lowball offers will not come close to covering economic damages.
Remember Florida’s Comparative Negligence Rule
It is important to note that Florida follows a modified comparative negligence rule. So, if you are partly at fault for the accident, you will not get fully compensated for economic damages. For instance, if you are 10% to blame, you can only recover 90% of the claimed damages. If you are more than 50% to blame, you cannot recover any damages.
Do Not Over- or Underestimate Damages
It is crucial to get a lawyer to help you calculate economic damages. Otherwise, you may over or underestimate your damages. This will either leave you under-compensated or hurt your overall credibility.
Working with a lawyer will make a difference in achieving a fair outcome, no matter how small or extensive your economic damages are.
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