After a crash, it is natural to wonder what you can recover and how soon help will arrive. Zweben Law Group has served injured people in Stuart, Florida, for more than 25 years, and car accident cases are a major part of our work. Our goal in this guide is simple: to explain the types of damages you may pursue after a car accident in clear, straightforward language.
We work hard for our clients and pay attention to details that can strengthen a claim. If you are in pain and unsure about your next steps, this article will help you understand what matters most and what to document from the very beginning.
Types of Recoverable Damages in a Car Accident Lawsuit
In a lawsuit, most recoveries fall under compensatory damages. That means money intended to make you whole for losses caused by the crash.
Economic Damages
Economic damages are the dollars you can put on paper. They are tied to bills, receipts, and pay records.
● Medical expenses, past and future, including ER visits, surgery, rehab, medication, and medical devices.
● Lost wages, past and future, if injuries kept you out of work or reduced your earning power.
● Replacement services, like childcare, lawn care, or housekeeping, you can no longer handle.
Keep every bill and estimate, even the small ones, since they add up fast.
Money does not capture how an injury feels, which is why Florida also allows recovery for non-financial harms.
Non-Economic Damages
Non-economic damages cover the human impact. These losses are real, even if they are harder to measure.
● Pain and suffering, both the day-to-day discomfort and longer-term physical limits.
● Mental anguish, including anxiety, depression, or PTSD, that was triggered by the crash.
● Loss of enjoyment of life, such as missing hobbies, sports, or family activities.
● Disfigurement, for scarring or permanent physical changes.
● Loss of consortium is the strain on a marriage or long-term partnership.
Your story matters here, so journaling symptoms and limits can help show the full picture.
There is a third category that is not about compensation at all. It is about punishment for extreme misconduct.
Punitive Damages
Punitive damages are rare and intended to punish gross negligence or intentional wrongdoing. Think drunk driving, street racing, or other reckless choices that put everyone at risk. Florida Statutes § 768.72 sets strict requirements before a jury can even consider these damages.
Florida caps punitive damages in most cases at the greater of three times compensatory damages or $500,000. Some exceptions exist, so talk through the facts of your case to see whether this fits.
When a crash leads to a fatality, the claim looks different, and different damages apply.
Wrongful Death Damages
If a car accident causes a death, the victim’s estate can bring a wrongful death claim for the family’s losses.
● Funeral and burial costs.
● Loss of the deceased’s financial support and services.
● Loss of companionship, protection, and guidance for close family.
● Pain and suffering of survivors in limited circumstances.
These cases deserve careful attention, and families often benefit from early guidance on probate and estate matters.
Factors Affecting the Amount of Recoverable Damages
Two crashes are never the same. Several variables can shift a case’s value up or down.
Severity of Injuries
More serious injuries usually lead to longer recoveries. Higher medical bills, more extended time off work, and greater pain and suffering all increase potential value.
Insurance is another big driver, since coverage is the pool of money that pays a claim.
Insurance Coverage
Florida drivers rely on their own PIP first, then on the at-fault driver’s bodily injury liability coverage. Uninsured or underinsured motorist coverage on your policy can fill gaps when the other driver lacks enough coverage.
Available limits can cap what gets paid. When coverage is thin, we look for additional policies and assets to protect your recovery.
Comparative Negligence
Florida now follows a modified comparative fault rule. Your damages get reduced by your percentage of fault, and recovery is barred if you are more than 50 percent responsible.
That makes evidence even more valuable, since proving fault cleanly can protect your bottom line.
Evidence and Documentation
Good documentation gives weight to your claim. It shows what happened, ties the injuries to the crash, and proves the dollars lost.
Use the checklist below to track what helps most.
| Evidence | What it shows | Example |
| Medical records and bills | Injury diagnosis, treatment, and cost | ER summary, imaging reports, therapy invoices |
| Pay records | Lost income and reduced earning capacity | Recent pay stubs, employer letter, tax returns |
| Repair estimates | Property damage value | Body shop estimate, total loss valuation |
| Photos and videos | Crash mechanics and visible injuries | Scene photos, vehicle positions, bruising |
| Police report | Initial facts and parties involved | Diagram, witness names, citations |
| Symptom journal | Day-to-day pain and activity limits | Notes on sleep, missed events, and flare-ups |
The sooner you start collecting evidence, the stronger your position will be at settlement time.
Steps to Take After a Car Accident to Protect Your Claim
Simple actions in the hours and days after a crash can make a real difference for your case.
- Report the accident to law enforcement and get the report number.
- Seek medical attention quickly, even if you feel “okay” at first.
- Exchange information with the other driver, including insurance and contact details.
- Document the scene with photos and videos from several angles.
- Avoid discussing fault with the other driver or with any insurance adjuster.
- Contact an attorney as soon as possible for guidance and next steps.
Quick medical care protects your health and ties your injuries to the collision, which insurers look for.
Statute of Limitations for Car Accident Lawsuits
Florida has a deadline for filing injury lawsuits arising from car crashes. In most cases, you have two years from the date of the accident to file in court.
Miss that deadline, and your claim could be lost. Talk to a lawyer promptly to protect your rights.
Suffered Injuries in a Car Accident? Contact Us Today!
Our team in Stuart has helped injured people recover fair compensation for over 25 years, and we still go the extra mile for every client. Reach out for a free consultation by calling 772-223-5454 or sending a message through our Contact Us page. We welcome your questions and work hard for strong results that let you focus on healing.
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