Punitive Damages Potential In An Injury |
Posted: April 21, 2017 |
In Florida, if you have been injured due to the fault of another, then — depending on the particular circumstances of your case — you may be able to recover punitive damages, which can lead to a substantial damage award, well beyond what one might expect given the actual damages incurred. How does it all work? Generally, when you suffer an injury that is caused by another person, you can recover economic and non-economic damages (though whether these damages are available depends on the facts). Economic and non-economic damages are meant to compensate you — the victim — for actual losses that you sustained as a result of the suffered injuries. For example, suppose that you injure yourself in a biking accident, where the defendant-driver collided with you by swerving into the bike lane. As a consequence of your injuries, you may be burdened with various medical expenses, forced to take time off work (wage loss), or have to deal with psychological issues arising from the accident itself. These economic and non-economic damages are meant to compensate you for your actual losses. Now, punitive damages are quite different. They are “punishment” damage awards that multiply your existing economic and non-economic damages award. An award of punitive damages is not meant to compensate you for your actual losses, but is instead meant to “punish” the defendant for their conduct and discourage others in society from engaging in the same negative conduct as the defendant. This can be confusing, so let’s continue with the previous example and add to it. Suppose that the biking accident collision was caused when the defendant-driver was intoxicated. The defendant was speeding and swerving, then moved into oncoming traffic and hurtled towards your bike line. The defendant was going so fast and at such an angle that it was impossible for you to avoid the collision. In these types of circumstances, a Florida court may award you punitive damages in addition to whatever economic and non-economic damages you are entitled to. The award of punitive damages here is not meant to provide you with greater compensation for your injuries (though such is the end-result) — again, it is meant to punish the defendant with significant liabilities, and to discourage others from doing the same. Punitive damages work by multiplying your existing economic and non-economic damages, and typically, the range hovers between three to seven times the existing damages. For example, if you have a $100,000 total damages claim, an award of punitive damages, with a multiplier of 3, will result in a $400,000 recovery ($100,000 economic/non-economic + $300,000 punitive). There are no limits on the amount of punitive damages a victim can recover against a drunk or intoxicated driver who causes an accident and injures or kills someone. Pursuant to Florida Statute 768.736, the limit for punitive damages of 3 times the amount of compensatory damages does not apply to a defendant who was under the influence of alcohol or drugs to the extent that his or her faculties were impaired, or who had a blood or breath alcohol level of .08 percent or higher. This is a huge victory for victims of drunk driving accidents. This means that when a victim of a drunk driving accident brings a claim against the drunk driver, Florida law places no limits on the amount of punitive damages that can be recovered. Qualifying for Punitive Damages In the personal injury context, you can receive punitive damages if you are able to show that the defendant acted with intentional misconduct or gross negligence. Section 768.72 of the Florida Statutes defines “intentional misconduct” and “gross negligence” under the law. Intentional Misconduct A defendant engages in intentional misconduct when he is aware of the wrongfulness of the conduct and that the plaintiff would suffer harm as a result of the misconduct, but despite being aware of these consequences, pursues the same course of action — thus resulting in the plaintiff’s injuries. In other words, when a defendant knows that his conduct is wrong and that it is likely to cause harm to the plaintiff, but chooses to go through with it anyway, the defendant may be found liable for intentional misconduct. Gross Negligence A defendant engages in gross negligence when his conduct is so reckless that it demonstrates a conscious disregard for the life, safety, and rights of others who are exposed to his recklessness. Gross negligence involves a greater degree of risk to others than standard negligence. If you can demonstrate that the defendant’s conduct qualified as either intentional misconduct or gross negligence, you may be awarded punitive damages in your injury lawsuit. — Contact Randall Spivey to connect with a skilled Fort Myers personal injury lawyer at the Spivey Law Firm, Personal Injury Attorneys, P.A. We will provide a free and confidential consultation to discuss your legal rights.
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