In personal injury cases, there are two different types of damages – special damages and intangible damages. Special damages include past and future medical expenses and lost wages. Occasionally special damages could also include expenses incurred for having to hire someone to do something you would normally do. For example, if your injury causes you to be unable to fix something around your house, mow your lawn, or clean your house, that would be considered a special damage.
Intangible damages, however, are more in depth. Intangible damages include pain and suffering. Pain and suffering can include a variety of things such as the inconvenience of the accident, disability or impairment, and any mental anguish caused by the accident and your injuries or loss of enjoyment of life. If there was a sport that you always enjoyed playing but can no longer play because of your injuries, that would be considered intangible damages.
Most arguments in personal injury cases surround intangible damages because many people aren’t familiar with them and don’t know how to assess them. Florida law, however, states that as long as a plaintiff can prove intangible damages, then they are permitted, by law, to be compensated for it. When that occurs the judge or jury must determine how to assess the damages that have been proven and provide the plaintiff with a compensation settlement.
If you have any questions about intangible damages, what else could be considered an intangible damage or how we try to prove intangible damages, please call us at (407) 254-4901. You can also text us at (407) 644-4444. We are always happy to offer a no obligation, free consultation to discuss your case with you.