Are Punitive Damages Available In Florida Personal Injury Cases?
When a person is injured due to another person’s negligence, they generally have the right to file suit against them in what is known as a personal injury lawsuit. These are civil matters, in which a defendant found liable must pay money damages to the injured plaintiff. Most of the time, damages are restricted to an amount quantifiable for the harm the plaintiff has suffered. However, in rare cases, damages intended to be solely punitive are awarded by a court.
Solely Intended To Punish
The thing that many plaintiffs do not understand about the existence of punitive damages is that generally, they are not awarded for a simple failure to exercise due care. If someone breaches the duty they had to exercise reasonable care, the remedy is damages designed to cover what one has lost – for example, if a plaintiff is injured in an accident caused by a defendant, the defendant may be asked to pay for the plaintiff’s medical bills and to fix any damage to their vehicle.
Punitive damages are awarded solely as punishment, hence the name – but the legal system only deems punishment necessary if someone has displayed a particularly notable level of negligence or intentional misconduct. Ordinary negligence or recklessness is not considered enough to warrant punitive damages – and it is on the injured plaintiff to establish that the defendant’s actions rise to that level.
Must Proffer After The Fact
If you have been involved in an accident and you believe that punitive damages against the defendant may be warranted, know that you cannot simply seek them in a standard legal complaint. Rather, in Florida, you must file your claim, and then later on, before a finding of liability, you must then seek leave to amend your complaint and argue at that point for punitive damages. This is intended to protect a defendant’s privacy, but if punitive damages turn out to be warranted, the court can then investigate the defendant’s finances to determine an appropriate amount.
Once the evidence for punitive damages has been presented to the court, the question of whether or not to grant them is up to the judge or jury. In other words, all a plaintiff can do is present the evidence; they may not attempt to drive the court toward a specific conclusion. If it exists, the right attorney will find the evidence you need, so that the court can only arrive at one logical conclusion.
Contact An Orlando Personal Injury Attorney
Being injured due to the negligence of another person is never an enjoyable experience, but if it happened due to extreme negligence or intentional malice, it can feel like adding insult to injury. An Orlando personal injury attorney from the Hornsby Law Group can help you determine just what occurred in your accident, and if punitive damages seem appropriate, will help you establish those facts in evidence. Call our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.72.html
