Punitive Damages

Under certain circumstances, in addition to Compensatory Damages, an accident injury victim may be eligible for an award of punitive damages.

Whereas compensatory damages are awarded to make the injury victim whole, by covering actual damages suffered by the injured person, such as lost wages, medical expenses, etc., punitive damages are intended to serve as punishment and deterrent.  Punitive damages, therefore, serve the purpose of delivering a message to the defendant to refrain from behaving in this manner in the future.

If you have been seriously injured due to others' wrongdoing, then contact a personal injury lawyer at the Harris Law Firm, P.A.

Recently, efforts have been made to limit available punitive damages (see Punitive Damages Law), including U.S. Supreme Court calling for increase judicial scrutiny of large awards. Even with continuing restriction efforts, funded by lobbies associated with big business, juries and courts are still willing to impose punitive damages in especially egregious situations.

In Florida, punitive damages are available in those cases in which the personal injury defendant acted in a grossly negligent manner, or with reckless indifference to the rights of others, or willfulness and wantonness. A personal injury plaintiff must first seek and obtain court approval before claiming punitive damages.

Additionally, in Florida, the standard of proof a personal injury plaintiff must satisfy to recover punitive damages "clear and convincing evidence" that punitive damages are warranted. This is a heightened standard compared to the proof required for compensatory damages: preponderance of the evidence standard, which generally means that the defendant acted in a manner where awarding of punitive damages is reasonable, even if the facts barely “tip the scale” in that direction.

If you or a loved one has been injured due to another person's negligence or wrongful conduct, then please contact a personal injury attorney here in Southwest Florida to discuss your personal injury claim, in confidence.

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