Punitive damages are a special type of damages that go beyond making an injured person whole again. While most personal injury claims focus on compensation for economic damages and non-economic damages, such as medical bills, lost wages, or pain and suffering, punitive damages are meant to punish the defendant and discourage others from similar behavior.
Florida law doesn’t allow punitive damages in every injury case. They’re only available when the defendant’s conduct goes far beyond ordinary carelessness.
When Are Punitive Damages Available?
Under Florida Statutes § 768.72, punitive damages are only allowed when the defendant acted with either gross negligence or intentional misconduct.
That means:
- Gross negligence involves reckless behavior that shows a conscious disregard for the safety or rights of others.
- Intentional misconduct means the defendant knew their actions would likely cause harm and went ahead anyway.
Ordinary negligence is not enough. You must show that the defendant’s actions were extreme and dangerous. For example, a driver who causes a crash while texting might merely be negligent. On the other hand, a driver who causes a crash while drunk and speeding through a school zone could meet the standard for punitive damages.
What’s the Purpose of Punitive Damages?
Punitive damages are not designed to compensate you for losses. Their purpose is to send a message. The law allows these damages to punish defendants for reckless or intentional wrongdoing and to deter others from engaging in similar conduct.
These damages are especially important in cases involving corporations or repeat offenders. If a company ignored known safety risks or tried to cover up a hazard, a jury may award punitive damages to hold them accountable in a way that compensatory damages can’t.
Are There Limits on Punitive Damages in Florida?
Yes. Florida caps most punitive damage awards. The general rule is that a punitive damages award cannot exceed three times the amount of compensatory damages or $500,000, whichever is greater.
However, there are exceptions. For example, the court may allow a higher award if the defendant acted with a specific intent to harm or if the conduct was part of a long-standing pattern of abuse.
Florida courts also review punitive damage awards to ensure they are reasonable and not excessive. If the damages are too high compared to the harm done, the judge may reduce the amount.
How Do I Prove Punitive Damages?
Punitive damages require a higher level of proof than other damages. You must show clear and convincing evidence of the defendant’s gross negligence or intentional wrongdoing. That usually means strong, detailed evidence of the defendant’s conduct.
Valuable evidence may include:
- Internal records showing the defendant knew about the danger
- Witnesses who can speak to the behavior or pattern of misconduct
- Prior complaints, lawsuits, or regulatory violations
This can make the process more complex. In many cases, your attorney will need to file a separate request with the court asking for permission to pursue punitive damages. If the judge agrees that your case qualifies, you may present your argument to a jury.
Examples of Florida Cases Involving Punitive Damages
Punitive damages can be awarded in Florida in a variety of serious cases.
Some examples where they might be an option include, but are not limited to, the following:
- A trucking company ignored known brake issues that led to a fatal truck accident
- A manufacturer sold products with hidden safety defects and failed to warn users
- A nursing home routinely neglected patients despite repeated warnings from regulators
- A drunk driver with a history of DUIs caused severe injuries in a high-speed wreck
These examples highlight extreme behavior that can justify punitive damages under Florida law. The more reckless or intentional the conduct, the more likely a court is to allow punitive damages.
Why Are Punitive Damages Claims Best Handled by a Lawyer?
Punitive damages are extremely hard to win under nearly any circumstance, let alone without experienced legal help. They involve a higher burden of proof, extra procedural steps, and pushback from defendants who will try to avoid a public finding of wrongdoing.
Generally speaking, your case will also need to go all the way to trial in order for punitive damages to be awarded.
A qualified personal injury lawyer can help by:
- Gathering the right type of evidence to support your claim
- Filing the required motions to seek punitive damages
- Pushing back against delay tactics or settlement offers that fall short
Because most lawyers in this area of the law work on a contingency fee basis, you won’t pay anything upfront. Your attorney only gets paid if they win money for you.
Contact Our Pensacola Personal Injury Attorneys at Gross & Schuster Injury Lawyers for Help Today
Punitive damages are not available in every Florida personal injury case, but when they are, they can make a powerful impact. If you believe your injuries were caused by intentional misconduct or gross negligence, speak with a lawyer about your legal rights.
You may be entitled to far more than just compensation for medical bills and lost income. A successful punitive damages claim can hold the defendant fully accountable for their actions and help prevent future harm to others. Reach out to the Pensacola personal injury lawyers at Gross & Schuster Injury Lawyers today for a free consultation. You can contact us online or call (850) 434-3333.
