Is There a Cap On Truck Accident Damages in Florida?
Hurt in a semi-truck accident in Florida? If you sustained a serious injury, it is imperative that you know what to do to get compensation to pay bills and support your family. You may be wondering: How much financial compensation can I recover through a truck accident claim? In Florida, you have the right to seek a settlement/verdict for the full of your damages—there is no cap on economic losses or non-economic damages. However, punitive damages—which are only awarded in a limited number of claims—are capped. Here, our West Palm Beach semi-truck accident lawyer explains the key things to know about your right to recover compensation after a crash in Florida.
Economic Damages are Not Capped in Truck Accidents in Florida
Economic damages form the foundation of any personal injury claim in Florida—commercial truck accident injury cases are certainly not an exception to the rule. These damages are intended to compensate the victim for direct financial losses resulting from the crash. In Florida, there is no cap on economic damages in truck accident claims. Some of the most common examples of economic damages that can be sought in a truck accident injury case in Florida include:
- Property loss, including vehicle repairs;
- Emergency medical treatment;
- Hospital bills and other medical expenses;
- Physical therapy and rehabilitative care;
- Loss of wages; and
- Diminished earning power.
Non-Economic Damages are Not Capped in Truck Accidents in Florida
Similar to economic damages, non-economic damages are also not capped in truck accident claims in Florida. These damages are awarded to compensate for intangible losses that do not have a clear dollar amount. While non-economic damages are inherently more subjective than economic damages, they are no less real and no less important. You may be entitled to recover for truck accident compensation for:
- Pain and suffering;
- Mental distress;
- Long-term disability; and
- Reduced quality of life.
Note: Florida previously had caps on non-economic damages in medical malpractice cases, but those have been ruled unconstitutional—and no such cap has or does apply to truck accidents.
Punitive Damages are Capped in Truck Accidents in Florida
Florida law does allow punitive damages in truck accident cases—though they are only awarded in cases involving especially egregious or reckless behavior. Unlike economic and non-economic damages, punitive damages are meant to punish the negligent defendant. Under Florida Statutes § 768.73, there is a cap on punitive damages: It is three times the amount of compensatory damages or $500,000 (whichever is greater). However, courts may exceed this cap in cases involving intentional misconduct by the defendant. That is rare in truck accident cases.
Call Our West Palm Beach Eighteen Wheeler Crash Lawyer Today
At Pike & Lustig, LLP, our West Palm Beach eighteen wheeler accident attorney is an aggressive, experienced advocate for justice. If you or your loved one was hurt in a serious crash, we are here to help. Give us a call now or connect with us online for a no cost, no obligation case review. Our firm represents truck accident victims in West Palm Beach, Miami, and communities beyond.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.73.html
