What Are Punitive Damages?

If you have been injured in an accident that was someone else’s fault, you likely already know that you can file a personal injury claim or lawsuit to recover damages. Damages include medical bills, lost wages, and pain and suffering. Punitive damages are sometimes available in personal injury claims as well.

Punitive damages are a special type of non-compensatory damage that may be awarded to victims in some limited circumstances. These special damages are intended to punish the wrongdoer for their behavior. Keep reading below to learn everything you need to know about punitive damages, including when they can be awarded and how much they might be.

Types of Damages in Personal Injury Cases

There are several different types of damages available in personal injury claims. Economic and non-economic damages are the two main types of compensatory damages. These damages are intended to compensate the victim for their financial losses as well as their physical and emotional suffering.

Economic Damages

Economic damages are tied directly to financial losses. It is typically easy to prove the value of these damages through receipts, bills, or invoices. Some common types of economic damages available in personal injury cases, such as car accidents, include:

  • Medical bills
  • Lost wages
  • Rehabilitation expenses
  • Physical therapy
  • Home health care
  • Property damage

There is generally no limit to the amount of economic damages that may be awarded in a personal injury lawsuit.

Non-Economic Damages

Non-economic damages do not have a direct financial value. Instead, they are intended to compensate the victim for the pain and suffering resulting from the accident. Common non-economic damages in personal injury cases are:

  • Pain and suffering
  • Mental anguish
  • Depression
  • Anxiety
  • PTSD
  • Loss of consortium
  • Loss of quality of life

Non-economic damages typically have a higher value than the economic damages associated with the case. Depending on the severity of the injuries, they can be worth anywhere from 1.5 to 5 times the value of the economic damages. Cases involving catastrophic injuries will have higher non-economic damages than cases involving only minor injuries.

Punitive Damages

Punitive damages are a special type of non-compensatory damages sometimes available in personal injury cases. Punitive damages are not intended to compensate the victim for their loss. Rather, they are intended to punish the wrongdoer for their behavior. However, the law allows for punitive damages only in very limited circumstances.

When Are Punitive Damages Awarded?

Punitive damages are not common in personal injury cases. Florida law states that punitive damages are only allowed when a defendant is found guilty of “intentional misconduct or gross negligence.” This means that the defendant’s conduct must have been willful or extremely egregious.

The conduct required for the award of punitive damages goes well beyond what is required to prove a typical negligence case. It is also worth remembering that conduct does not have to be a specific action but can also be an inaction. For instance, a failure to act could be considered willful or grossly negligent in some situations.

The Purpose of Punitive Damages

Punitive damages can play a pivotal role in keeping people safe from harmful behavior. One way they do this is by deterring bad behavior in the future. If the wrongdoer is forced to pay punitive damages, they are unlikely to repeat the same behavior again in the future.

Additionally, punitive damages can be used to set an example for others. By punishing the wrongdoer with adverse financial consequences, others will take notice. This can prevent other people or corporations from engaging in similar behavior that may lead to additional injuries.

Is There a Cap on Punitive Damages in Florida?

Florida law limits the amount of punitive damages that may be awarded in some cases. Generally, punitive damages are limited to the greater of $500,000 or three times the value of the compensatory damages in the case. However, there are a couple of exceptions.

If the wrongdoer’s conduct was solely for unreasonable financial gain, the limit on punitive damages increases to the greater of $2 million or four times the compensatory damages. Finally, if the defendant had specific intent to harm the plaintiff, there is no cap on the amount of punitive damages that can be awarded.

You may be entitled to punitive damages if you have been injured by someone else’s willful or grossly negligent conduct. You should seek the advice of an experienced personal injury lawyer to help you with your claim. At Mincone Personal Injury Lawyers we can help you determine if punitive damages are available as well as the potential value of these damages. Call us today at (813) 800-0810.