Punitive Damages
Punitive damages are a unique form of compensation awarded in some personal injury cases. Unlike compensatory damages that make up for your losses, punitive damages are focused on punishing people or businesses who cause harm through grossly negligent or intentional conduct.
If you or a loved one have been injured by such conduct in Clearwater, Florida, punitive damages may be substantial. A Clearwater personal injury lawyer will help you determine the punitive damages you may be entitled to in your personal injury case.
What Are Punitive Damages in Clearwater, Florida?
Punitive damages are not awarded in every personal injury case. Instead, a judge or jury may only award punitive damages under certain circumstances. Under Florida law, a judge or jury must find that a defendant’s actions constituted intentional misconduct or gross negligence.
This means you must show that the person who caused you harm had actual knowledge of their conduct and the high probability that it would cause you injury or harm. Alternatively, you must show that it was so reckless that it showed a conscious disregard or indifference to your life or safety.
What Is the Goal of Punitive Damages in Clearwater, Florida?
Punitive damages are monetary. However, the goal of punitive damages is not to compensate you for injuries or other damages. Instead, punitive damages have a broader purpose. They are focused on punishing people and businesses when they cause harm by engaging in intentional misconduct or gross negligence.
They are also awarded to deter these defendants from committing similar acts in the future and to set an example for society as a warning of the financial consequences that may be imposed for certain conduct.
What Is the Difference Between Compensatory and Punitive Damages in Florida?
You should understand the distinction between compensatory and punitive damages if you or a loved one have been involved in an accident. Both may be awarded in your personal injury case, but each serves different purposes.
Compensatory Damages
Compensatory damages are intended to make you “whole” for injuries or damages caused by someone else’s negligence. These damages cover losses you have incurred or will incur due to someone else’s conduct. Compensatory damages can be economic or non-economic:
- Economic damages: These include your direct monetary losses, such as medical expenses, lost wages, and property damage repairs. They are quantifiable and directly related to your personal injury claim.
- Non-Economic Damages: These cover your intangible and subjective losses, such as pain and suffering, emotional distress, or loss of enjoyment of life.
The goal of compensatory damages is to reimburse you for actual harm. A personal injury lawyer will value the compensatory and punitive damages available in your case.
Punitive Damages
Unlike compensatory damages, which are focused on your actual losses, punitive damages are awarded to punish a liable party for intentional misconduct or gross negligence when it causes you injury. The goal is to punish the wrongdoer and warn society about the financial penalties for engaging in such behavior.
Caps on Punitive Damages in Florida
Florida law recognizes the importance of punitive damages. However, it also places specific limits on the amount of punitive damages that you may be awarded. Florida law limits punitive damages to three times the amount of compensatory damages you are awarded, or $500,000, whichever is greater.
Florida statutes provide some exceptions to this rule, but they must be evaluated case-by-case. A Clearwater personal injury lawyer will assess the facts of your case to determine what punitive damages may be available.
The Crucial Role of a Clearwater Personal Injury Lawyer
Navigating the landscape of punitive damages in Florida requires sophisticated legal expertise. An experienced personal injury lawyer’s role includes:
- Evaluating Your Case: A Clearwater personal injury lawyer will assess the specifics of your case to determine if punitive damages may be available.
- Collecting Evidence: An experienced lawyer will build a strong case for punitive damages and collect evidence demonstrating the defendant’s gross negligence or intentional acts caused you harm.
- Advocating at Trial: A lawyer will advocate for your right to receive compensatory and punitive damages in court, presenting evidence, witnesses, and arguments in your favor.
A Clearwater personal injury lawyer plays an important role in personal injury cases involving punitive damages. If you or a loved one believe punitive damages may be available in your case, consult with a personal injury lawyer to protect your rights and compensation.
Contact a Clearwater personal injury attorney at Roman Austin Personal Injury Lawyers for a free initial consultation by calling (727) 787-2500.
