Differentiating Between Compensatory Damages And Punitive Damages

After suffering injuries in Florida due to another party’s negligence, you might be qualified to recover damages in a personal injury claim. “Damages” is defined as the amount of money you are owed after another party breaches a duty or violates some right and causes you harm. Most people are entitled to compensatory damages. Nonetheless, depending on your case’s specifics, you may be entitled to punitive damages. This article discusses the difference between the two types of damages available in a personal injury claim.

Compensatory Damages vs. Punitive Damages

Compensatory damages are divided into economic and non-economic damages. Non-economic and economic damages are intended to compensate you for your injuries and losses. They are meant to make you “whole” again.

Determining the value of economic damages is usually easier than determining the value of non-economic damages. This is because economic damages are based on actual expenses that a victim has incurred because of their injuries, whereas non-economic damages are subjective. Economic damages available in a Florida personal injury claim include;

• Medical expenses (both past and future)
• Domestic services
• Lost wages
• Costs to replace or repair damaged property
• Rehabilitation expenses

Non-economic damages in a Florida personal injury case include;

• Physical and emotional pain and suffering
• Mental anguish
• Loss of reputation
• Impairment

While the two types of compensatory damages are given to a plaintiff to compensate them, punitive damages are meant to punish the liable party. Punitive damages are meant to prevent the responsible party from behaving the same way again. They are meant to “set an example” to others and prevent them from acting as the defendant did.

When Are Punitive Damages Awarded?

According to Florida Statute 768.72, punitive damages can be awarded in a personal injury claim if the claimant has proved using clear and convincing evidence that the defendant was guilty of gross negligence or intentional misconduct. Gross negligence arises when recklessness or conduct that constitutes disregard or indifference to other people’s lives, safety, or rights is involved. On the other hand, intentional misconduct arises when a person knows a particular act is wrong and has a high chance of causing harm but still engages in the act, thus causing injury or damage. The following are some examples of cases where a plaintiff may be able to recover punitive damages;

• Drunk driving cases
• Distracted driving cases
• Product liability cases
• Medical malpractice cases

In conclusion, it is crucial to note that punitive damages cannot be awarded on their own. These damages can only be awarded after compensatory damages have been awarded. This is because, even though punitive damages are meant to punish a defendant and prevent them and others from acting in the same manner in the future, they are awarded only if the claimant suffered direct injuries due to the defendant’s actions.

Contact Us for Legal Help

If you were injured in Florida because of another party’s negligence, it is best that you retain an attorney. Our Fort Lauderdale personal injury attorneys at The Pendas Law Firm can help you recover the compensation you deserve from the at-fault party.

The Pendas Law Firm also represents clients in the Jacksonville, Miami, Tampa, Fort Myers, Ocala, Orlando, West Palm Beach, Daytona Beach, and Bradenton areas.

Source:

law.cornell.edu/wex/damages