Understanding Punitive Damages in a Florida Personal Injury CaseTampa Bay Legal News
Filing a personal injury suit that solicits punitive damages is different than a traditional personal injury claim. Not all suits that include claims for punitive damages are successful. As a matter of fact, if you have your hopes pinned on receiving financial compensation for punitive damages in a personal injury case, you should know that they are a rare occurrence in the state of Florida.
If you intend to file a Florida personal injury claim that involves punitive damages, it’s imperative that you consult with a skilled Tampa personal injury attorney before you do anything.
What Are Punitive Damages?
Very rarely, a court will award a claimant punitive damages in instances where they determine that the defendant’s behavior was deliberate or extremely negligent.
Punitive damages are sometimes granted in civil cases if the court decides that a defendant has earned the added penalty or that it will serve to stop like-minded individuals from engaging in the same negligent actions as the ones that caused the claimant’s injuries.
How Often Are Punitive Damages Awarded in Florida?
Only in very rare circumstances are punitive damages granted in Florida personal injury claims, the majority of them going unawarded. Courts tend to save this type of financial compensation for cases where they feel the need to send a message to a community to an industry as a warning.
Do Punitive Damages Differ Depending on the Injury?
Punitive damages are included in the same lawsuit but are in their own individual category. If awarded, they will be awarded alongside your settlement for traditional compensatory damages. In Flordia, any award granted for punitive damages is typically
An award for punitive damages in Florida is usually comparable to the amount you were awarded for your compensatory damages. In the majority of instances, it is very unlikely that the amount you will be awarded for your punitive damages is greater than what you are awarded for your compensatory damages.
Florida Caps on Punitive Damages
According to the Florida punitive damages statute, the state does have a cap on awards granted for punitive damages. In other words, your punitive damage award may not exceed a pre-determined limit under the law. In Florida, that cap is the greater of three times your compensatory damage award or $500,000.
As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim.
Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.
If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.