What Must Be Proven in Order To Recover Punitive Damages in Florida?
After suffering injuries in an accident because of another party’s negligence, you can recover compensation for your injuries and damages. The two most commonly awarded types of damages in Florida personal injury cases are economic and non-economic damages. These damages are called compensatory damages. Compensatory damages are meant to compensate a claimant for the damages they suffered because of the negligent party. These damages are meant to “make the claimant whole” by providing financial compensation for actual damages suffered. Depending on the specifics of your case, you may also be entitled to recover compensation for punitive damages. Punitive damages differ from compensatory damages and serve a different purpose. In this article, we discuss what a claimant must prove in order to recover punitive damages and the purpose of punitive damages.
What Must You Prove in Order To Recover Punitive Damages?
In Florida, punitive damages are awarded on top of compensatory damages. Being awarded punitive damages can significantly increase the value of your personal injury case. However, punitive damages are not awarded in all cases. According to Florida law, for a personal injury claimant to recover punitive damages, they must prove that the defendant was guilty of one of the following;
- Intentional misconduct – This entails proving that the defendant deliberately engaged in harmful behavior, knowing that their conduct was wrong and could cause injury or damage.
- Gross negligence – This entails showing that the defendant’s conduct was so reckless that it showed a conscious indifference for the safety of others.
Proving Intentional Misconduct and Gross Negligence
Florida law requires personal injury claimants to provide clear and convincing evidence when it comes to punitive damages. This is a higher standard of proof compared to the standard preponderance of evidence used in personal injury cases. The preponderance of evidence standard requires you to demonstrate that it is more likely than not that your claims are true. In other words, you need to show that there is at least a 51% chance that your claims are true. On the other hand, the clear and convincing evidence standard requires that you provide evidence that is highly and substantially more likely to be true than not.
A qualified personal injury attorney can play a vital role in helping you prove intentional misconduct or gross negligence. An attorney can conduct thorough investigations into the cause of your accident and help you gather the evidence necessary to prove intentional misconduct or gross negligence. Such evidence includes witness testimonies, expert testimonies, and surveillance footage.
What Is the Purpose of Punitive Damages?
As mentioned at the beginning of this article, punitive damages do not serve the same purpose as compensatory damages, which are meant to compensate a claimant for actual damages incurred. Punitive damages are intended to punish the defendant. These damages act as a deterrent to similar conduct by the defendant and other individuals. The prospect of facing financial consequences can prevent people from engaging in harmful or reckless behavior.
Contact Us for Legal Help
If you have suffered injuries because of another party’s negligence, contact our Miami personal injury attorneys at The Pendas Law Firm for legal help. We can help you fight for the compensation you deserve.
The Pendas Law Firm also represents clients in the West Palm Beach, Fort Lauderdale, Fort Myers, Daytona Beach, Bradenton, Tampa, Jacksonville, Ocala, Orlando, Naples, and Melbourne areas.
