Punitive damages are one of three types of damages that may be awarded in a Jacksonville personal injury case. The other two are economic and non-economic damages. While both economic and non-economic damages are intended to compensate the injured party for actual losses, punitive damages are different. They’re not available in every case, they’re not determined solely on the basis of the damages the plaintiff suffered, and they are capped under Florida law.
The best way to determine whether you may be entitled to punitive damages in an injury case is to talk to an experienced Jacksonville personal injury lawyer.
When Can You Get Punitive Damages in Florida?
Most personal injury claims are based on negligence, but negligence alone is not sufficient to support a claim for punitive damages. Instead, an injured person seeking punitive damages in Florida must show that the defendant acted either intentionally or with gross negligence.
Intentional Misconduct
Intentional misconduct requires more than a showing that the action was intentional. The plaintiff must also show that the defendant knew that the action was wrong and that there was a high probability that it would result in injury or other harm and intentionally went forward anyway.
Gross Negligence
The ordinary negligence required to establish a personal injury claim requires that:
- The defendant owed a duty of care
- The defendant did not live up to that duty
- The failure to live up to that duty caused the event, such as a car crash
- The event caused by the breach of duty injured or otherwise harmed the plaintiff
A finding of gross negligence requires more. For purposes of punitive damages, Florida law defines gross negligence as conduct “so reckless or waiting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of the persons exposed to such conduct.”
Punitive Damages for Corporations and Other Entities
Employers are typically responsible for damages caused by their employees in the course of performing their duties. However, that extends to punitive damages only if one of a few specific conditions is met. That’s because punitive damages are intended not to compensate the victim, but to punish the wrongdoer.
To establish a claim for punitive damages against a company or similar entity, the plaintiff must show one of the following:
- The legal entity actively and knowingly participated in the conduct, or
- The officers, directors or managers of the entity knowingly condoned, ratified or consented to the conduct, or
- The entity engaged in conduct that constitutes gross negligence and that contributed to the damages suffered by the plaintiff
Applying these factors can be complicated. For example, “managers” means something more than just the manager the employee involved reported to–for the company to be directly liable for punitive damages on that basis, the individual involved must be in a policy-making role. A personal injury attorney in Jacksonville can assess your case in greater detail to determine whether you may have a claim for punitive damages against an entity such as a corporation. The answer to this question may not be immediately apparent, and your personal injury lawyer may need to conduct an investigation to determine whether a claim for punitive damages is supportable.
Punitive Damages are Capped in Florida
Florida law limits the amount of punitive damages that may be awarded in a personal injury case. However, the cap isn’t a consistent number. In most personal injury cases, the limit on punitive damages is the higher of two figures:
- $500,000, or
- Three times the amount of compensatory damages awarded–that means three times the actual damages awarded to compensate for losses such as medical bills, lost work time, lost future earnings, and non-economic losses such as pain and suffering and loss of quality of life
However, there are exceptions to this cap.
Unreasonable Financial Gain
The cap on punitive damages is higher if the court determines that:
- The conduct was motivated solely by unreasonable financial gain, and
- The unreasonably dangerous nature of the conduct and the likelihood of injury was known by a policymaking official of the entity
If those conditions are met, the maximum amount of punitive damages that may be awarded is the greater of:
- $2 million, or
- Four times the amount of compensatory damages
Intentional Harm
There is no cap on punitive damages if the court finds that the defendant:
- Acted with specific intent to harm the plaintiff, and
- Did, in fact, cause harm through their conduct
No Cap on Punitive Damages in DUI Accident Cases
The Florida legislature culled out a specific exception for when the defendant who caused the injury was under the influence of alcohol. Like Florida’s DUI statute, this exception to the punitive damages cap sets forth two separate tests for whether the defendant was intoxicated: being under the influence of alcohol or any drug to the extent that the defendant’s faculties were impaired, or having a BAL of .08 or greater.
Note that this may apply in any situation where the defendant was intoxicated when they caused the harm, not just DUI car accidents. But motor vehicle crashes involving drunk driving are among the most common examples.
Talk to a Jacksonville Personal Injury Lawyer Right Away
Most people don’t know when they may be entitled to punitive damages, and you can see that the analysis is a bit complicated. No insurance company assessing your claim is going to tell you that you may be entitled to punitive damages, or make an initial offer that includes punitive damages. That’s just one reason it’s important to get advice from an experienced personal injury attorney before you consider accepting any settlement — ideally, before you speak with the insurance company.
When you hire a personal injury lawyer at Harrell & Harrell, we will put our decades of experience to work to thoroughly investigate your claim. We’ll look for additional possible responsible parties, whether there is a basis for punitive damages, and otherwise ensure that we are pursuing all compensation you may be entitled to.
Schedule a free consultation, call us today at 904-251-1111, or fill out our contact form.