Most damages in a personal injury case are 'compensatory'—meant to pay you back for what you lost. But sometimes, the defendant's behavior is so reckless or malicious that simply paying the bill is...
Most damages in a personal injury case are 'compensatory'—meant to pay you back for what you lost. But sometimes, the defendant's behavior is so reckless or malicious that simply paying the bill isn't enough. In these cases, Florida law allows for 'Punitive Damages.' These are designed to punish the defendant and deter others from doing the same thing. They are the 'extra' compensation that can turn a standard case into a major verdict.
When Are Punitive Damages Awarded?
You cannot get punitive damages for ordinary negligence (like a simple distraction). Under Florida Statute 768.72, you must prove 'intentional misconduct' or 'gross negligence.' Gross negligence is conduct so reckless that it constitutes a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.
Common Scenarios
The most common scenario for punitive damages in car accidents is Drunk Driving (DUI). If a driver chooses to get behind the wheel while intoxicated, they are showing a conscious disregard for safety. Other scenarios include street racing, fleeing from police, or a trucking company intentionally forcing drivers to violate safety hours.
The Process
You cannot ask for punitive damages in your initial lawsuit. You must first present evidence to the judge that there is a 'reasonable basis' for them. Only if the judge agrees can you amend your complaint to add a claim for punitive damages. This is a high hurdle.
Caps on Punitive Damages
Florida generally caps punitive damages at three times the amount of compensatory damages or $500,000, whichever is greater. However, there are exceptions. For example, if the defendant was drunk or high, there is NO CAP on punitive damages.
Why Pursue Them?
Punitive damages send a message. They tell corporations and reckless drivers that their behavior will not be tolerated. They also provide significant additional financial support to victims who have suffered from egregious conduct.
Contact Emas Law Group Today
Punitive damages are reserved for the worst of the worst. If you were injured by a drunk driver or a reckless corporation, Emas Law Group will aggressively pursue every penny of punishment they deserve. We don't just seek compensation; we seek justice.
Frequently Asked Questions
Does insurance cover punitive damages?
Generally, no. Florida public policy prohibits insurance from paying for punitive damages (because it wouldn't punish the wrongdoer). The defendant must pay them personally.
Can I get punitive damages for a slip and fall?
It's rare, but possible if the property owner knew of a deadly hazard and intentionally ignored it.
Who gets the money?
You, the plaintiff, receive the punitive damages award.