Punitive Damages

Damages are awarded in a personal injury case to compensate victims for their losses. However, damages may also be awarded to “punish” an at-fault party for negligence, intentional torts, or other wrongful acts. These damages are called punitive damages.

What Are Punitive Damages in a Florida Personal Injury Case?

What Are Punitive Damages in a Florida Personal Injury Case?

Punitive damages are awarded in some personal injury lawsuits. The jury determines whether to award the damages based on the evidence presented in court. The purpose of awarding punitive damages is:

  • To deter a party from repeating the conduct that led to the victim’s injuries; and,
  • To deter other parties from engaging in the conduct that caused the victim’s injuries.

Punitive damages are only awarded in a small number of personal injury lawsuits and are generally not included in settlement agreements. However, an attorney can use punitive damages as a negotiating tactic to argue for a higher settlement amount.

Compensatory Damages vs. Punitive Damages in a Florida Personal Injury Case

Compensatory damages in a personal injury case represent the losses and harm you sustained because of the actions of another party. Florida tort laws give injured parties a cause of action to recover economic and non-economic damages.

Economic damages compensate you for the financial losses and expenses related to your injury or accident. These damages include:

  • The cost of your medical treatment, including ongoing medical care for permanent disabilities
  • Out-of-pocket expenses, including household services and personal care
  • The loss of income and earning capacity, including benefits and lost wages
  • Occupational, physical, and rehabilitative therapies

Non-economic damages pay you for the suffering and pain you suffer because of the injuries you sustain and the trauma of the accident. These damages are intangible, so they can be more challenging to prove. 

Examples of non-economic damages include:

  • Diminished quality of life
  • Physical pain and suffering
  • Mental anguish
  • Emotional distress
  • Loss of enjoyment of life
  • Impairments and disabilities
  • Scarring and disfigurement

Punitive damages do not compensate you for losses. Instead, punitive damages focus solely on the conduct of the party who caused your injuries. 

Overview of Florida Law for Punitive Damages

Florida Statute §768.72 explains when punitive damages can be awarded in a lawsuit. The plaintiff (i.e., injured party) must prove that the defendant (i.e., at-fault party) acted with gross negligence or intentional misconduct.

The statute defines gross negligence as conduct that is wanting in care and so reckless that it represents a conscious indifference to the rights, safety, or life of others. An example of gross negligence could be driving under the influence.

Intentional misconduct is defined by the statute as conduct that the defendant knew was wrong and had a high risk of causing damage or injury to the plaintiff. Even with that knowledge, the defendant intentionally engaged in the conduct. An example of intentional misconduct could be nursing home abuse or sexual assault.

Examples of personal injury cases that could result in punitive damages include, but are not limited to:

Florida law imposes a higher level of proof to recover punitive damages than the burden of proof for compensatory damages. The plaintiff must prove the allegations by clear and convincing evidence. You must prove it is substantially and highly more likely than not that the allegations against the defendant are true.

Are There Caps on the Amount of Punitive Damages in Florida?

The United States Supreme Court has issued several opinions related to punitive damages. The Court has found that punitive damages cannot be awarded without merit. Furthermore, the amount of punitive damages should not be excessive.

Florida law places caps on punitive damages. Generally, the maximum amount of punitive damages is $500,000 or three times the amount of compensatory damages. However, there are exceptions to the cap.

If a personal injury case involves any of the following situations, the cap on punitive damages may not apply:

  • The defendant was intoxicated when the injury occurred
  • The defendant intended to injure the plaintiff
  • The case involves child abuse or elder abuse
  • The plaintiff has disabilities

Another exception might apply in cases involving financial gain. If the defendant’s actions were motivated by unreasonable financial gain, punitive damages may be up to $2 million or four times the amount of compensatory damages.

Steps to Protect Your Rights After a Personal Injury or Accident in Florida

The amount you receive for damages depends on factors like injury severity, the parties involved, insurance coverage, and your potential fault. 

To protect your rights: 

  • Report accidents to authorities 
  • Seek immediate medical care 
  • Document the scene with photos and videos 
  • Collect witness details 
  • Keep records of all expenses and losses, including bills and receipts 

Consult a personal injury lawyer as soon as possible to ensure you understand your legal options and recover fair compensation, as insurance companies often undervalue claims.

What Is the Deadline to File a Claim for Punitive Damages in Florida?

Punitive damages are a part of your personal injury claim. Therefore, the deadline to file a claim for punitive damages is the same as the statute of limitations for filing a lawsuit.

Many personal injury lawsuits in Florida have a two-year statute of limitations. However, there are exceptions. Waiting too long to seek legal advice could cause you to lose your right to file a lawsuit.

Learn More About Punitive Damages During a Free Consultation

You deserve to be compensated fairly for the harm and losses caused by another party. Call Thomas C. Grajek, Attorney At Law to schedule a free consultation with an experienced Florida personal injury lawyer. We will review your case and explain the damages you may receive.