Can I Collect Punitive Damages in My Florida Personal Injury Claim?Tampa Bay Legal News
Seeking punitive damages when filing a civil suit is very different from filing a regular personal injury suit. Most lawsuits that include claims for punitive damages will be unsuccessful. The reality of the situation is that Florida courts almost never award punitive damages.
If you choose to file a suit that incorporates punitive damages as well as compensatory damages, it is essential that you speak with a reputable Tampa personal injury lawyer before you do anything else.
Punitive Damage Basics
Florida courts only grant punitive damages in cases where the respondent’s behavior was intentional or grossly negligent.
Punitive damages may be awarded in civil cases if the court determines that the defendant needs to pay further penalties in order to discourage them from committing the same infraction that resulted in the claimant’s injuries in the future.
When Are Punitive Damages Granted in Florida?
On extremely rare occasions, punitive damages are awarded in the state of Florida. Most cases that seek this form of financial compensation will be unsuccessful. The spurts reserve these additional settlements for cases where they want to send a message to an industry or a community as a deterrent.
Does an Award for Punitive Damages Change Based on My Injuries?
Punitive damages fall under a different section of your claim, but they will ultimately be linked to your request for compensatory damages.
Should you manage to be awarded punitive damages in Florida, they are most often in direct proportion to your award for compensatory damages.
Overall, it is highly unlikely that you will be successful in your quest for punitive damages, especially if it is much bigger than your total award for compensatory damages.
Florida Punitive Damage Caps
The Florida punitive damages statute assigns a cap to punitive damage awards. This means that the state has set a predetermined limit and any award you may receive cannot exceed this restriction.
The law allows for punitive damage awards up to $500,000 or three times the award you received for your compensatory damages, whichever is greater.
Tampa Car Accident Lawyers
Our Tampa personal injury attorneys are well-informed on all state laws and are able to determine which of these options is available to you for your crash-related injuries.
Being involved in an injury accident will probably cause you to consider what legal rights you have and how you can obtain the financial compensation you deserve for hospital bills, missed income, and other financial damages.
At Fulgencio Law, we have obtained millions in financial compensation for victims across Florida. We firmly urge you to speak with one of our experienced attorneys about your Florida car accident claim to find out how we can help you.
Your initial consultation with our team is free and non-committal. Reach out to our Tampa personal injury attorneys at (813) 463-0123 to schedule an appointment. If you decide you would like for us to represent you, we have no upfront fees and you pay nothing for our legal services if we do not obtain compensation for your damages.