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You are here: Home / Personal Injury / What are Economic or Special Damages in an Injury Case?

October 4, 2015 By Justin Ziegler, Lawyer Leave a Comment

What are Economic or Special Damages in an Injury Case?

Economic Damages in Florida Injury Case

Economic damages in a Florida injury case are:

  • lost earnings in the past,
  • loss of earning capacity in the future,
  • medical expenses incurred in the past,
  • medical expenses incurred in the future, and more.

Economic damages are also called special damages.

Other economic damages include, but are not limited to, expenses reasonably incurred for household services, replacement value of lost personal property, mileage and funeral expenses.

Although most personal injury cases don’t go to trial, if a case does go to trial in Florida then the jury uses a Model form of verdict for personal injury damages.  In that form, economic damages are listed in #1.

In Florida, determining who is responsible for a particular economic damage depends on the type of accident.  Let’s take a look of some specific economic damages that I mentioned above and see who may be responsible for them.

1. Lost earnings in the past, and Loss of earning capacity in the future

  • Lost wages after a Florida auto accident
  • Lost Wages After a Florida Motorcycle Crash
  • A lost wage claim can be made against the prospective defendant after a slip, trip or fall at a premises if you can show that their negligence caused your lost wages.

2. Medical expenses incurred in the past, and medical expenses incurred in the future

  • How to Get Your Medical Bills Paid After Florida Car Crash
  • How Motorcycle Riders Get Medical Bills Paid After A Florida Accident
  • How to Get Your Medical Bills Paid in a Florida Taxi Accident
  • Who Pays Medical Bills If Hit While on a Bike in Florida?
  • How to Get Medical Bills Paid After an Accident at a Business

Economic and noneconomic damages are considered compensatory damages and are different from punitive damages.

It is also important to understand the term “economic damages” because it is used in some Florida Statutes.  In may have a different meaning depending on the specific Chapter of Florida Statutes whereupon it is located.

For example, if you have a personal injury claim against a negligent driver and you discover that the owner of the motor vehicle lent the motor vehicle to a permissive user, the owner’s liability may be capped up to a certain amount under Florida Statute 324.021(9)(b)3.  But, this statute states that the owner is liable for up to an additional $500,000 in economic damages…” in certain instances.

However, in a Florida medical malpractice case, Statute 766.202 gives a definition of “economic damages” that is different than the definition that I gave earlier on.

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Filed Under: Personal Injury

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