In some personal injury cases, the defendant’s actions are so egregious that we will ask the court to award our client punitive damages on top of other compensation for their losses. A jury may award punitive damages to punish the defendant and deter others from similar acts.
Punitive damages, also known as “exemplary damages,” are meant to be rare but, when awarded, may be substantial.
If you have suffered injuries due to someone else’s intentional misconduct or gross negligence in Florida, you may be able to pursue a personal injury claim and demand punitive damages in addition to compensatory damages. A Pensacola personal injury attorney from Cardoso Law can assess your injuries, losses, and a potential claim in a free initial consultation, and then can pursue appropriate legal action for you.
Our legal team has helped countless injury victims like you in the Florida panhandle obtain justice after accidents. To quote from one of our testimonials:
Ryan is a fantastic attorney with experience, grit, and integrity. We feel absolutely blessed to have the opportunity to have his guidance, counsel, and professionalism in law. His team was responsive, kind, and thorough. 10/10 will recommend to anyone in need of an attorney. Thank you, Ryan!
– Dana W. (5 Star Review)
Reach out today to find out if the act that injured you constituted gross negligence.
Florida’s Punitive Damages Laws
Florida law establishes the availability of and rules regarding punitive damages in civil lawsuits in Florida Statutes §768.32 to §768.73.
To claim punitive damages, the plaintiff (injured party) in a lawsuit must present “clear and convincing evidence” that the defendant was “personally guilty of intentional misconduct or gross negligence,” which caused the plaintiff’s injuries.
- “Intentional misconduct” means the defendant knew their conduct was wrong and that there was a high probability it would result in injury or damage to the plaintiff, and despite that knowledge, intentionally pursued that course of conduct.
- “Gross negligence” means the defendant’s conduct was so reckless or lacking in care that it constituted a conscious disregard or indifference to the life, safety, or rights of anyone exposed to it.
- “Clear and convincing evidence” demonstrates that the claim is highly and substantially more likely to be true than untrue. This is a medium-level burden of proof that is more rigorous than “a preponderance of the evidence” (more likely true than not) but less rigorous than “beyond a reasonable doubt,” which is the standard in criminal cases.
How Are Punitive Damages Calculated In Florida?
In most cases, punitive damages may be up to three times the amount of compensatory damages (i.e., economic damages for medical expenses, property damages, lost wages, etc.) awarded in the lawsuit, up to $500,000.
However, suppose the jury finds sufficient evidence that the defendant’s wrongful conduct “was motivated solely by unreasonable financial gain,” and the defendant knew how dangerously they were acting. In that case, punitive damages may be four times the amount of compensatory damages awarded, up to $2 million.
If the jury finds that the defendant had a specific intent to harm the plaintiff, there is no “cap” or limit on the amount of punitive damages that may be awarded.
The Process of Seeking Punitive Damages in Florida
Florida has a two-step process for obtaining punitive damages in a personal injury lawsuit:
At a hearing, the plaintiff must put forward evidence that there is “a reasonable basis for recovery” of punitive damages, at which point a claim for punitive damages may be added to the lawsuit.
At trial, the plaintiff must present “clear and convincing evidence” that leads the jury to determine that the defendant was “personally guilty of intentional misconduct or gross negligence.”
Contact Our Pensacola Personal Injury Attorney For Help
If you have been seriously injured by someone else’s negligence, Cardoso Law, PLLC, wants to make things right for you. We’ll demand full and fair compensation for you, including punitive damages, if your injuries were due to intentional misconduct or gross negligence.
Schedule a free consultation with our Pensacola personal injury lawyer by calling us or contacting us online.
