
When Are Punitive Damages Awarded in Florida Personal Injury Cases?
Another category of damages, punitive damages, is designed for just what it sounds like—to punish wrongdoers. By policy, they are designed to deter rather than to punish. In other words, the typical justification for punitive damages is to deter a defendant who has committed bad conduct in the past from committing similar bad conduct again in the future. Punitive damages are also meant to deter others besides the defendant from committing acts like those of the defendant—for fear that they too will be sued and must pay a large sum of money. Punitive damages are very tightly governed by the law and by courts. First, they are available in cases of intentional and in some cases grossly negligent or reckless conduct, as opposed to merely negligent conduct. Some examples may highlight the distinction. If you aim your car toward a person and run them over, it is intentional; if you simply are not paying attention or you are going too fast and you run them over, it is negligent. There can be punitive damages given for the intentional act, but not the merely negligent. However, if you are drunk and you run someone over, even if it was not intentional, it is often considered grossly negligent and the law in some states like Florida will allow punitive damages to be awarded. Second, punitive damages can only be so high. The law often limits the amount that punitive damages can be, often based on a comparison to the actual damages calculated by the jury. In other words, if the jury gives someone $100,000 for their medical bills and pain and suffering, punitive damages can only be so many multiples of that amount before the judge may find that the punitive damages have gone too far. The limits vary by jurisdiction, but the limits may never exceed what would be allowable under the United States Constitution as interpreted by federal courts. However, as I mentioned before, punitive damages are designed mainly to deter, so in order to be effective, they must be enough that the defendant is upset or bothered by the amount they are ordered to pay.
Punitive Damages in Florida
In Florida, punitive damages must be pled and may be awarded if it is established by clear and convincing evidence that the defendant was personally guilty of intentional misconduct or gross negligence. Gross negligence means that the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct. Pursuant to Fla. Stat. § 768.73, punitive damages in excess of three times a plaintiff’s compensatory damages or $500,000, whichever is greater, are presumed to be unreasonable and the court must order a remittitur unless it determines by clear and convincing evidence that the amount is not excessive. One additional issue that may be of interest to you is how the jury is instructed to determine punitive damages. First, the jury must determine whether the defendant’s conduct was sufficiently bad to warrant the imposition of punitive damages. Then, in order to determine the amount of punitive damages to impose, the jury will consider several factors indicated to them by the judge. Although the factors will vary by court and state. In the state of Florida, punitive damages may be awarded if the defendant’s behavior constituted intentional misconduct or gross negligence. Intentional misconduct is exhibited when a person knows that their behavior exposes other people to a higher risk of injury or death but overlooks the dangers and acts anyway. Gross negligence refers to behavior that demonstrates a deliberate disregard for the rights, health, or safety of others.
Speak with a Car Accident Attorney!
Today, there is a surplus of personal injury lawyers ready to help. Because personal injury law is a specialized field, you will want to find a personal injury attorney who is knowledgeable about the ins and outs of personal injury law. In addition to procedural maneuverings, most personal injury cases involve a search for information and evidence about the case itself and each case presents different challenges. The best way to face these challenges is to retain a personal injury attorney who understands how to obtain relevant evidence to support your personal injury claim. At our firm, our policy is that if you don’t recover compensation, you won’t pay any fees for our services. Not to mention, we also provide free case consultations where we assess the circumstances surrounding your case and give you an objective overview of what steps you can take going forward if you decide to act against the party responsible for your injuries. For over 19 years, we have delivered quality legal representation for people who, through no fault of their own, have been injured in all types of accident and incidents. We are available 24/7 to give you a free, no risk case consultation.
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