Florida Punitive Damage Laws In Car Accident Cases

In a personal injury case, such as when a car accident injury suit is filed, identifying all damages that were suffered is the first course of action. Damages may be economic, which means they are tangible and come with a concrete cost. Medical bills would be economic damage. Damages may also be non-economic and are calculated using a variety of metrics. Pain and suffering directly resulting from an injury that was caused by a car accident are considered non-economic damages. The amount that a claimant can obtain regarding financial compensation for non-economic damages can vary widely from what other claimants may have received.

Punitive damages are another possible form of financial compensation that a claimant may obtain through the personal injury claims process. However, it is important to point out that punitive damages are not awarded often, and victims rarely are given this additional payment, which is meant to punish egregious behavior and be an example to others of what happens when certain unacceptable acts are committed. Still, understanding how Florida defines punitive damages is essential when evaluating a car accident injury claim and assessing its value.

If you would like help filing a claim after a car accident in Florida, do not hesitate to call a Tampa car accident attorney at Fulgencio Law.

Punitive Damages and Florida Law

Florida punitive damage statutes indicate that this type of compensation may apply in situations where the at-fault party’s actions are determined to have been intentional wrongdoing or gross negligence. These terms represent the highest standard of atrocious conduct. 

Intentional misconduct means that the at-fault party had no regard for the consequences of engaging in dangerous behavior. Also, they knowingly acted recklessly. Gross negligence means that the at-fault party engaged in dangerous behavior with a complete indifference to the life, welfare, rights, or safety of others. 

To seek punitive damages in Florida, there must be substantial evidence showing a pattern of reckless behavior or calculated disregard for other’s well-being and safety. Several forms of evidence can be used to establish these facts, including witness testimony from credible and sworn individuals, documentation and proof of the driver’s actions, and comparisons of the case to others where punitive damages were sought and awarded.

When an injury claimant pursues punitive damages, Florida courts will scrutinize the case to see if gross negligence or intentional misconduct occurred. Additionally, the court will evaluate the need to use punitive damages as a way to deter the same behavior from happening again. It is a balancing act, but some accident cases are successful in recovering punitive damages. For example, suppose a drunk driver was heavily intoxicated, well over the legal limit, which is .08, and was driving erratically, causing an accident that killed a family in another vehicle. This scenario is so awful and appalling that a solid case for punitive damages could likely be made. 

Call Fulgencio Law Today

Car accidents can have devastating consequences, and when a car accident is caused by intentional misconduct or gross negligence, punitive damages may be awarded in an injury claim.

Call our efficient Tampa car accident attorney at Fulgencio Law at (813) 463-0123 to have your case evaluated during a free consultation.