What kinds of damages are available in a Florida bicycle accident case?
In Florida, if you're the victim of a bicycle accident, we get this question all the time, and it's basically what is my case worth? There are six types of damages that can be recovered by a victim.
The first type of damage is past medical bills, and basically what that is is the medical bills that have been incurred by the victim in the past.
The second type of damage is future medical bills, and that's basically requiring medical opinion to determine how much future medical treatment will you need from now until the end of your life?
The third type is past lost wages, whether the person has lost work, time from work.
The fourth type is future lost earning capacity, which is how much time from work or how much wages will they not be able to recover moving forward.
The last two categories are pain and suffering, so that will be past pain and suffering, what they've experienced moving since the accident til now, and then future pain and suffering, which is the amount of pain and suffering that they'll experience from now until the end of their life.
The only other issue that we could look at is whether or not the conduct of the person that caused the accident was punitive, whether they were drunk or did something else that was reckless, which could be punitive damages. There is no limit on punitive damages for automobile or bicycle accidents in Florida. Basically what that is is the amount of money that a jury feels will be required to punish the person, to make sure that they never behave in that way again.