Personal injury compensation is often at the forefront of a victim’s mind. If you have been injured, you have likely acquired expenses that you would not otherwise incur. These are expenses you are entitled to recover if you win your personal injury lawsuit. But what if the person at fault caused your injuries intentionally or acted with extreme recklessness? 

If this sounds familiar, then you may be allowed to ask for punitive damages. You might be asking yourself: 

“What is punitive damage?”

We will go into greater detail below, but in short, punitive damages are awarded to punish the defendants on top of the additional compensatory damages they are being told to pay.

Compensatory Damages vs. Punitive Damages

Most personal injury claims only involve compensatory damages. Compensatory damages in Florida are monetary awards designed to compensate victims for their economic and non-economic losses, and cover the most direct repercussions of the accident. In Florida, there are no caps on compensatory damages, although insurance policy limits may have an effect on an award or settlement amount. 

So What Does ‘Punitive Damages’ Mean?

Punitive damages are another type of damages that might be recovered in some personal injury cases. Punitive damages are conceptually different from any other type of compensation a personal injury victim may recover. Defendants fear punitive damage claims, and rightfully so. Instead of being designed to compensate accident victims, punitive damages are awarded to victims to punish the defendants and deter them from engaging in similar behavior in the future. 

Punitive damages in Florida are generally only awarded when a defendant’s behavior amounts to intentional misconduct or gross negligence and causes catastrophic harm to the victim. Fla. Stat. § 768.72(2). Here is what you need to know about Florida punitive damages in a personal injury case, from Robinson & Casey PLLC, South Florida’s preeminent personal injury law firm:

What are Punitive Damages in a Lawsuit? 

More on Punitive vs. Compensatory:

Personal injury punitive damages are also known as exemplary damages because they are meant to serve as a punishment for the defendants and deter both them and others from engaging in similar behavior in the future. When they are awarded, they are payable in addition to the victim’s compensatory damages. 

The amount of the punitive damage award depends on the severity of the defendant’s conduct, as well as their financial position. In Florida, punitive damages are subject to certain limitations, including the amount of compensation you can receive.

By contrast, compensatory damages are monetary amounts to reimburse you for your medical bills, lost wages, property losses, emotional distress, disfigurement, loss of consortium, pain and suffering, and other tangible and intangible losses. They are meant to pay you for the losses you have already incurred because of your accident and those you anticipate incurring in the future. 

Compensatory Damages in Florida

Compensatory damages are characterized as either special damages (economic damages) or general damages (non-economic damages), though the categories may overlap. There are no limits on the amount of special damages that compensate you for your out-of-pocket losses and general damages that compensate you for your non-economic losses.

Special Damages

Special damages, also known as economic damages, are those losses with a clear monetary value. These are quantifiable, specific expenses or losses that can be directly attributed to the injury. They aim to reimburse the injured party for actual financial losses incurred as a result of the accident or injury. Examples of special damages include:

1. Medical Bills: The costs of hospitalization, surgery, doctor visits, medication, physical therapy, and any other medical treatments necessitated by the injury.
2. Lost Income: Compensation for the wages or salary lost due to time taken off work for medical treatment and recovery. This can also include future income losses if the injury results in a diminished capacity to work.
3. Property Damage: If personal property, such as a vehicle, is damaged in the accident, the cost of repairs or replacement can be claimed as special damages.
4. Rehabilitation Costs: Expenses for ongoing therapies or rehabilitation services, such as chiropractic care, occupational therapy, or counseling.
5. Transportation Expenses: The costs related to traveling for medical treatments or therapy sessions, including mileage and parking fees.

General Damages

General damages, also referred to as non-economic damages, are less tangible and harder to quantify in monetary terms. They are intended to compensate the injured party for the intangible losses and pain and suffering endured due to the injury. General damages include:

1. Pain and Suffering: Compensation for the physical pain, emotional distress, and discomfort caused by the injury, treatment, and recovery process. This is subjective and varies from person to person.
2. Mental Anguish: Damages for the psychological and emotional distress experienced as a result of the accident or injury, which may include anxiety, depression, or post-traumatic stress disorder (PTSD).
3. Loss of Enjoyment of Life: Compensation for the loss of ability to enjoy daily activities, hobbies, and quality of life as it was prior to the injury.
4. Loss of Consortium: In cases where the injury has affected the injured party’s relationship with their spouse, loss of consortium damages may be awarded to compensate for the negative impact on the marital relationship.
5. Permanent Disfigurement or Disability: If the injury results in permanent scarring, disfigurement, or disability, compensation may be provided for the long-term physical and emotional consequences.

When are Punitive Damages Awarded?

Punitive damages might be awarded when a jury believes the defendant needs additional punishment because of their degree of negligence or willful or wanton behavior. However, they are not available in every personal injury case. Instead, they are generally only awarded in rare cases when a jury believes that the compensatory damages are inadequate for the injuries the plaintiff suffered and the defendant’s conduct was outrageous. Punitive damages are unique because they are intended to penalize behavior, and not compensate a victim for a specific loss associated with the injury.

For example, if you suffered serious injuries in a motor vehicle accident after the other motorist rolled through a stop sign and struck your vehicle, you likely would only be entitled to compensatory damages. By contrast, if you were left permanently paralyzed and lost your child after a drunk driver drove the wrong way on a highway and struck your vehicle in a head-on collision, the jury might consider ordering the defendant to pay punitive damages on top of your compensatory damages to punish the defendant and deter others from engaging in similar conduct. A court in this situation may be using punitive damages to set an example in the community by deterring other motorists from driving while intoxicated, thus limiting behavior that could cause harm to others in the future.

How Can a Victim Request Punitive Damages?

In Florida, punitive damages cannot be requested in the initial pleading. Instead, a victim is required to obtain leave of court to amend his or her complaint to include a request for punitive damages. 

As stated in Fla. R. Civ. P. 1.190(f)“A motion for leave to amend a pleading to assert a claim for punitive damages shall make a reasonable showing, by evidence in the record or evidence to be proffered by the claimant, that provides a reasonable basis for recovery of such damages. The motion to amend can be filed separately and before the supporting evidence or proffer, but each shall be served on all parties at least 20 days before the hearing.” 

That request must be predicated on evidence demonstrating a reasonable recovery of punitive damages. (Fla. Stat. § 768.72(1)). This ensures that the courts are not burdened by baseless assertions of punitive damages in every personal injury lawsuit filed.

Negligence and Punitive Damages

When you claim punitive damages, the judge will use his or her discretion based on the evidence you present at trial to determine whether the jury will be allowed to consider punitive damages. The judge will need to be convinced by the evidence that the defendant acted knowingly or was grossly negligent. 

Intentional or knowing misconduct means the individual who caused your injury knew their behavior was wrong or illegal and that there was a risk of injury. Gross negligence refers to behavior that demonstrates a conscious disregard or indifference for other’s safety, life, or rights. The jury will then decide about the types of damages and how much to award based on multiple factors, including the severity of your injuries, their permanency, and the degree of intention or punitive damages negligence the defendant exhibited. Asking for punitive damages does not necessarily mean that you will receive them.

How to Calculate Punitive Damages

Is There a Florida Punitive Damages Cap?

In Florida, generally speaking, if you have proven that the defendant’s actions amounted to gross negligence, the potential punitive damages award will be capped at $500,000 or three (3) times the total amount of compensatory damages awarded, whichever is greater. (Fla. Stat. § 768.73(1)(a)). If the court finds that the defendant was motivated by financial gain, however, the statutory cap on punitive damages increases to $2,000,000. ( Fla. Stat. § 768.73(1)(b)).

If the defendant’s conduct constituted intentional misconduct, there is no statutory punitive damages cap on the potential award. (Fla. Stat. § 768.73(1)(c)). The court may order as much as it sees fit to punish the defendant for his behavior. There are several exceptions to these statutory caps, and it is wise to discuss your case at length with an experienced Florida personal injury attorney with an established record of results in punitive damages cases.

Get Help from Robinson & Casey PLLC

Legal terminology and processes can be confusing for those who are not involved in the profession. If you were wondering what punitive damages consisted of, we hope this post was informative. If you have been seriously injured because of the negligence or misconduct of another person or entity, your priority should be your physical recovery. Your attorney can then help you to pursue compensation for your financial and non-economic losses. 

Depending on your situation, you might also want to pursue punitive damages to prevent the defendant from harming someone else in the same way they harmed you. The experienced team of personal injury attorneys at Robinson & Casey PLLC has helped thousands of negligence and misconduct victims hold the responsible parties accountable and recover fair compensation. We can help you understand the merits of your case and the types of damages that might be available. Call us today to schedule a free case evaluation so that you can learn more about your rights at 561-375-5204.