If you were injured in an accident in Florida, you could pursue monetary damages through a personal injury claim. Different types of damages are available to most accident victims if they were injured due to someone else’s negligence. Economic damages, such as medical bills, are the financial costs of an accident. Non-economic damages, such as pain and suffering, are other losses that can be compensated for in most personal injury cases.
Punitive damages are another type of compensation available in certain cases. A plaintiff can seek punitive damages when a defendant’s conduct was intentional or particularly reckless. An experienced St. Petersburg injury lawyer can help you pursue punitive damages if they might be an option in your case.
What Are Punitive Damages?
In most personal injury claims, injured victims can seek payment for losses, including medical bills, lost wages, property damage, out-of-pocket expenses, and more. Victims can also obtain non-economic damages for emotional distress and other often “unseen” costs of a serious accident. Both economic and non-economic damages aim to make the accident victim “whole” again by addressing their actual costs, injuries, and losses from the accident.
Punitive damages are not designed to make a victim whole. Instead, they are considered exemplary damages and are used to punish the defendant for behavior that was outrageous or egregious. Punitive damages are also designed to send a message to the community in general, to deter others from performing similarly harmful acts.
When Would Punitive Damages Apply in Florida?
Punitive damages may be awarded in Florida personal injury cases when the defendant’s conduct goes beyond ordinary negligence and rises to the level of intentional misconduct or gross negligence.
- Intentional misconduct: This occurs when the defendant knowingly engages in wrongful behavior, understanding that their actions are likely to cause injury or damage, yet proceeds anyway. Florida law requires clear and convincing evidence that the defendant acted with this level of intent.
- Gross negligence: Punitive damages may also apply when a defendant’s actions are so reckless or lacking in care that they show a conscious disregard or indifference to the safety, rights, or life of others.
These awards can far exceed the amount of compensatory damages and often reflect how egregious the defendant’s actions were. In some cases, the conduct that leads to punitive damages may also result in criminal charges. Evidence from a related criminal case can often support a civil claim for punitive damages.
Who Can Be Sued for Punitive Damages?
Punitive damages can be sought not only from individuals whose conduct caused harm but also from employers, corporations, and other entities in certain circumstances. Under Florida law, a business or organization may be held liable if someone in a position of authority—such as an owner, manager, director, or other decision-maker—authorized, condoned, or knowingly allowed the wrongful conduct to occur.
In cases where the individual responsible may not have the financial means to pay, pursuing punitive damages against a company or employer can be an effective strategy to ensure accountability and full compensation.
What Steps Are Required to Seek Punitive Damages in Florida?
In Florida, punitive damages are not automatically available in a personal injury lawsuit. Before a claim for punitive damages can be presented to a jury, the court must first conduct a preliminary hearing to determine whether there is a reasonable basis to believe the defendant acted with intentional misconduct or gross negligence. This requires the plaintiff to present evidence, such as documents, witness testimony, photographs, or video, that supports the claim for punitive damages.
If the court grants permission, the case can then proceed to a jury, where the plaintiff must prove entitlement to punitive damages by clear and convincing evidence. This legal standard is higher than the “preponderance of the evidence” standard used for proving general negligence. It means the plaintiff must show that it is highly probable or reasonably certain that the defendant’s conduct was egregious enough to justify punitive damages.
Is There a Cap on Punitive Damages in Florida?
Under Florida law, the claimant can be awarded up to 3 times the amount of their compensatory damages, or $500,000—whichever amount is greater. There are exceptions in certain types of cases, and courts can exceed caps in very limited circumstances.
Contact a St. Petersburg Personal Injury Lawyer Today for a Free Case Review
If you were injured in an accident in St. Petersburg, Florida, you could be legally entitled to damages for your injuries. In certain cases involving intentional misconduct or gross negligence, you could also seek punitive damages. The experienced personal injury lawyers at Graves Thomas Rotunda Injury Law Group in St. Petersburg can review your case and determine if you might qualify for punitive damages. Contact us online or call our legal team today at (772) 569-8155 to schedule a free consultation.
