Gross Negligence In Florida

In Florida, for an accident victim to recover compensation in a personal injury claim, they must prove negligence on the defendant’s part. This usually involves proving that a defendant owed you a duty of care and that they breached that duty of care.

Often, personal injury cases involve “ordinary negligence,” which can be defined as the failure to use due care or when someone fails to take precautions that a reasonable person in the same situation would have taken.

Sometimes personal injury cases involve what is known as “gross negligence.” Not many people understand what gross negligence is. If you were involved in a Florida accident, it is crucial that you familiarize yourself with the concept of gross negligence.

What Is Gross Negligence?

According to Florida Statute 768.72, gross negligence does not involve mistakes and failure to take reasonable precautions, as is generally the case with ordinary negligence. Gross negligence involves deliberate acts of carelessness.

For instance, driving at 10mph over the set speed limit and hitting a pedestrian who crosses the road without looking would constitute ordinary negligence. On the other hand, racing with a friend and going 100mph in a 55mph speed zone, and then hitting a pedestrian who crosses the road without looking would constitute gross negligence.

Punitive Damages

Usually, ordinary negligence is punished by requiring a defendant to pay the plaintiff compensatory damages. On the other hand, when it comes to gross negligence, a victim can seek compensation for compensatory damages and also “punitive damages.” There is a huge difference between compensatory and punitive damages. Just as the name suggests, compensatory damages are intended to compensate an accident victim for the damages and losses they have incurred since their accident occurred. On the other hand, punitive damages are meant to punish a defendant rather than compensate the victim. The idea behind punitive damages is that the amount a defendant pays will deter them and anyone else from ever committing the same offense(s) in the future.

Punitive Damages Cap in Florida

It is crucial to note that Florida has a cap on punitive damage awards. This means, in any given case, the award of punitive damages cannot exceed a certain amount. According to Florida Statute 768.73, except in limited circumstances, an award of punitive damages in Florida may not exceed the greater of $500,000 or three times the amount of compensatory damages awarded. So, if, for example, you have $400,000 in compensatory damages, you can generally receive a maximum of $1,200,000 in punitive damages.

Contact Us for Legal Help

If you were hurt in a Florida accident because of another person’s gross negligence, you need to retain a skilled personal injury attorney as soon as possible. Our West Palm Beach personal injury attorneys at The Pendas Law Firm can help you hold an at-fault party accountable and recover the compensation you deserve. We can help you recover both compensatory and punitive damages. Contact us today to schedule a consultation.

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