In summary:
- Punitive damages are a form of punishment against those who engage in egregious or dangerous driving
- They are rewarded to the victim of accidents caused by said driving
- In Florida’s courts, eligibility for these damages depends on whether someone has committed gross negligence or even engaged in intentional misconduct
Below, we offer a way to understand the full scope of what seeking punitive damages entails.
Read on to discover what they are, what causes them, and why RHINO Lawyers are the ideal choice to help you when it comes to seeking damages following an accident on the road.
What Punitive Damages in Florida Entail
With over 700,000 crashes occurring in Florida every year, according to the Florida Department of Highway Safety and Motor Vehicles, many of these can lead to requests for compensation, insured or otherwise. However, there are specific thresholds involved that determine what exactly leads to these damages being applied, and the evidence you need to prove it.
To start with, you need to be able to provide clear evidence that convinces the court that the defendant is at fault. The evidence needs to show that it is “more likely than not” that they are at fault.
Those who can receive such a punishment include:
- An at-fault driver
- A company whose management decisions led to the incident
While most auto liability cases tend to focus on compensation, punitive damages also ensure that you have a clear record of accountability. Such a record can help when you are trying to discuss your own conduct for any reason, including other court cases or employment.
Finally, the limitation of these damages is up to three times the amount you were awarded for other compensation following the accident, or $500,000, whichever is higher.
What Conduct Qualifies for Punitive Damages?
In general, any intentional misconduct or “knowingly wrongful acts“, as well as any accident caused by gross negligence with a “conscious disregard for life and safety“, will tend to be defined as deserving of punitive damages.
Fault and the calculation of punitive damages can rely heavily on the persuasiveness of the evidence showing how they acted. In addition, if the person shows a pattern of repeated behavior, this can then cause the punitive damages to be increased to match the punishment someone deserves. Examples of this can include:
- Evidence of prior auto incidents
- Repeated identical violations
- Corporate policies that ignore safety
The context of a person’s actions will also show a clear intent. So, if someone engages in extreme speeding or racing, then this will show that they are intentionally acting recklessly, increasing the chance of you proving misconduct. Similarly, if they fled the scene when police arrived or drove while impaired, it can give you the evidence you need to pursue this course of action.
In terms of a company, you will need to look for:
- Training records
- Safety audits
- Whistleblower comments
- Witness testimony
- Internal emails
If these show that a company knew of risks yet ignored them, then this is powerful evidence that can often help you.
Car Accident Compensation vs. Punitive Damages
Compensation in Florida will often entail repayments for things like:
- Medical care
- Pain and suffering
- Lost wages
- Future costs for any of the above or more
On the other hand, punitive damages are not as exact and will punish the conduct of the defendant to deter both them and others.
They also require different evidence. Compensation uses receipts and other specific documentation, such as receipts, to calculate damages. In contrast, punitive measures are handled mainly by the judgment of the court, with a cap set by the state.
Understanding the Florida Auto Accident Claim Process
After reporting the crash and seeking prompt medical attention, you should notify your insurer. In many cases, the law is clear that you need to handle many of these steps within a specific time period.
After this, Florida auto accident claims can become especially complex. Consult a lawyer who can assist you with your case, including the possibility of adding punitive damages if they believe the case meets its thresholds.
Frequently Asked Questions
Are punitive damages covered by insurance in Florida?
Courts do not favor direct coverage of the punitive damages caused by the person at fault.
In Florida, coverage may be available instead when punitive damages occur due to liability against an employer rather than anything caused by the driver. However, commercial policies vary, and various provisions may impact the insurability of a specific incident.
In general, you should expect insurers not to want to cover punitive payments for the at-fault driver, but a good lawyer should be able to cover other sources of payment instead.
How are punitive damages calculated in Florida?
Courts tend to look at specific statutory caps. As well as the relationship between the amounts of both the punitive and compensatory payments. They may factor in the scale or morality of the conduct by the at-fault driver. And whether it is a repeat behavior. The harsher the warning the courts wish to give the driver, the more likely they are to aim for a higher punitive damage amount.
In general, however, the judge guides how and when amounts will be considered, and this is not always an exact calculation.
What factors limit the scope of these damages in Florida?
Various exceptions and caps exist that set hard ceilings on how far punitive damages can go. However, these do not apply in all cases, such as:
- When the defendant is intoxicated
- If the case also involves abuse
- The person had a specific intent to cause harm
- Other mitigating factors
This list is not exhaustive. However, you should consult a skilled lawyer to determine if your case falls under any of these exceptions.
Get an Experienced Florida Personal Injury Lawyer for Punitive Damages
With our offer of a free case review and the promise of a prompt answer, we can help you quickly understand whether punitive damages apply to your situation. Use our 24-hour hotline to inquire, and if they do, we can help you ensure that you get what you deserve.
Our team, led by a former insurance defense attorney. He understands the full scope of tactics insurance companies use and how to respond to them. So, talk to us today and learn what RHINO Lawyers can do for you.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
