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Calculating Damages in Daytona Beach Motorcycle Accidents


Damages are awarded in Florida motorcycle accident cases for physical injuries, emotional suffering, and financial losses suffered as a result of a crash. Damages are either "compensatory" or "punitive." Both are discussed in detail below. 

 

Compensatory Damages

Compensatory damages are awarded to make up for the physical, emotional, and financial injuries suffered as a result of a Florida motorcycle accident. These may include "actual" damages, such as out-of-pocket medical and other expenses, and "general" damages, such as emotional distress or diminished ability to perform daily tasks. Actual damages include lost wages, medical bills paid, rental car costs incurred while your vehicle is undergoing repairs, property damage, and any other economic losses that may have resulted from the accident.

General damages are more difficult to quantify. These types of damages may include loss of enjoyment of life activities, loss of consortium, lost future earnings, and pain and suffering. Pain and suffering refers not only to the physical pain and suffering you have endured as a direct result of the accident, but also the emotional trauma of undergoing surgery or being unable to participate in life activities because of the injury.

The following table lists some of the different types of actual and general damages that may be claimed by a Florida motorcycle accident victim:

 

Actual Damages

General Damages

Medical and hospital bills

Future medical bills

Lost wages

Lost future earnings

Cost of household or nursing help required during recovery

Pain and suffering

Cost of wheelchair, crutches, etc.

Physical disfigurement or permanent injury

Cost of rental car

Loss of consortium or companionship

Property damage

Lost opportunity

 

Punitive Damages

Punitive damages are awarded to punish the defendant for intentional conduct or gross negligence in causing a Palm Coast or Daytona Beach motorcycle crash. These types of damages are reserved for conduct that is so egregious that an additional penalty is warranted in order to deter the defendant from engaging in the same conduct in the future. In Florida, punitive damages awards may not exceed three times the compensatory damages awarded to the plaintiff, or $500,000, whichever is greater. However, if the jury determines that the defendant acted intentionally in causing the accident, there is no cap on punitive damages.

If you have been injured in a motorcycle accident in Daytona Beach, Deland, Deltona, Flagler, Lake Mary, Orlando, Ormond Beach, Palm Coast or Port Orange, an experienced Daytona Beach motorcycle accident lawyer can help you determine all of the damages you have suffered as a result of your injury. Call 1-800-351-0911 today for a free initial consultation.




Automobile insurance companies will often attempt to settle out of court quickly while victims are still suffering from the trauma of a Florida motorcycle accident. Vasilaros & Politis, P.A., is experienced with the complex issues involved in Daytona Beach, Deland, Deltona, Flagler, Lake Mary, Orlando, Ormond Beach, Palm Coast and Port Orange motorcycle accident cases and can assist you in receiving full compensation for your injuries. Call the Daytona Beach, Deland, Deltona, Flagler, Lake Mary, Orlando, Ormond Beach, Palm Coast and Port Orange motorcycle accident lawyers at Vasilaros & Politis, P.A. now at 1-800-351-0911 or fill out our FREE CASE REVIEW FORM. The initial consultation is free of charge, and if our Daytona Beach motorcycle accident attorneys agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a Daytona Beach, Deland, Deltona, Flagler, Lake Mary, Orlando, Ormond Beach, Palm Coast or Port Orange motorcycle accident lawsuit must be filed before the statute of limitations expires.

 

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.

 


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