Punitive Damages in Florida Personal Injury Law

If you are injured in Florida due to someone else’s intentional misconduct or gross negligence, you may be able to collect punitive damages equal to three times your compensatory damages or $500,000, whichever is greater. In cases where the defendant intended to hurt you, there is no cap on punitive damages.

The purpose of punitive damages is very different from the other type of compensation you can receive in a personal injury claim. Compensatory damages reimburse you for your losses, such as medical expenses and lost wages. However, punitive damages don’t reimburse you. Instead, they punish the defendant’s conduct. If you were injured in Florida because of gross negligence or intentional misconduct, a personal injury lawyer can help you pursue punitive damages.

What Are Punitive Damages in a Florida Personal Injury Lawsuit?

Punitive damages are a form of compensation that punishes the defendant rather than providing payment for the plaintiff’s losses. Most often, a personal injury lawsuit only involves compensatory damages, such as:

• Medical bills and expenses
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Loss of enjoyment of life

The goal of compensatory damages is to restore the plaintiff as much as possible to their condition before they were hurt. Punitive damages are different. They aren’t intended to compensate the plaintiff for their losses but to make an example of the defendant and send a message that society will not tolerate egregious misconduct.

What Are Some Examples of Where Punitive Damages Apply?

Under Florida law, you can only seek punitive damages in cases involving intentional misconduct and gross negligence.

Intentional Misconduct

“Intentional misconduct” refers to behavior the defendant knows is wrong and is highly likely to injure someone. For example, if a person intentionally drives into a crowd of people, they know that this is wrong and has a strong chance of resulting in injury. Someone who hits another person with a baseball bat knows that it is wrong and will cause harm. A company that illegally dumps toxic waste despite knowing that it is toxic is also aware that it is wrong to do so and that it will cause injury.

Gross Negligence

“Gross negligence” refers to conduct that is so reckless and careless that it shows indifference or disregard for the rights, safety, and life of other people. When a driver speeds through a school zone or a doctor prescribes medication a patient is known to be allergic to without checking their chart, they may be guilty of gross negligence. A drunk driver with multiple prior offenses may also be considered grossly negligent.

How Are Punitive Damages Calculated in Florida?

The usual method for calculating the maximum punitive damages in Florida is to:

• Calculate compensatory damages
• Triple the total of the compensatory damages
• Compare that figure to $500,000
• Award the greater of the two amounts

For example, suppose compensatory damages total $100,000. Tripling that figure results in $300,000. The jury could increase that award up to $500,000 in punitive damages when warranted. To determine a number, they will consider how severe the victim’s injuries were, how egregious the defendant’s behavior was, and the defendant’s financial position.

Punitive damages have different maximum amounts in some cases. If the defendant knowingly behaved recklessly for financial gain and knew that injury was likely as a result, the method for calculating maximum punitive damages is to:

• Add up the compensatory damages
• Quadruple that figure
• Compare the total to $2 million
• Award the greater of the two amounts

For example, if compensatory damages total $250,000, then quadrupling that figure adds up to $1 million. This is less than $2 million, so the jury could award punitive damages of up to $2 million.

What Is the Legal Procedure for Asking for Punitive Damages in a Florida Personal Injury Case?

To pursue punitive damages in a Florida personal injury case, the victim must request them and demonstrate a reasonable basis for the demand with clear and convincing evidence. The judge will hold a hearing to determine whether the plaintiff has enough proof to support a claim for punitive damages. Florida requires the court to give the plaintiff a lot of leeway in seeking discovery of such evidence. For instance, the court may require defendants to hand over email or phone records that might demonstrate their knowledge and motivation.

Does Florida Place Caps on Punitive Damage Awards?

Florida caps punitive damages in all cases except when the defendant specifically intended to harm the victim and succeeded. In most personal injury cases, punitive damages are capped at $500,000 or three times the value of compensatory damages awarded to each victim, whichever is greater. In cases of misconduct motivated by unreasonable financial gain, Florida caps punitive damages at the greater of $2 million or four times the compensatory damages awarded to each victim. You should always seek the help of an experienced personal injury lawyer if you were hurt due to someone else’s negligence so they can maximize your compensation award.

Contact a Florida Personal Injury Lawyer

Being injured due to someone else’s negligence is bad enough, but it’s even worse when it’s due to gross negligence or intentional misconduct. Don’t let the person who hurt you get away with their reckless disregard for the lives of others. Contact a Florida personal injury lawyer today and seek punitive damages.

Zervos & Calta, PLLC is a personal injury law firm serving Florida. With more than 50 years of combined legal experience, we have earned our reputation as “tough as nails” personal injury attorneys dedicated to helping people injured in accidents. Our results speak for themselves, including $3 million in a motor vehicle accident and $2.57 million in a motorcycle accident.

According to our client Nanette P, “If you want attorneys that will fight for you, will go above and beyond from the beginning, then you have to hire this firm.” We are not afraid of a fight, and we are not afraid to take a case to trial – two factors that make all the difference when negotiating with an insurance company.

The insurance company may try to pressure you to take a lowball offer that’s far lower than the amount you could potentially receive if you go to trial. We know how to gather the evidence needed to support full compensation for your losses, as well as punitive damages when appropriate. Contact Zervos & Calta, PLLC for a free consultation to discuss the specific facts of your case.

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About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.