In a Car Accident, What are the Punitive Damages?
Punitive damages in a car accident refer to the money a victim receives when the at-fault driver’s egregious actions injure them. While the courts award this money to a victim, its purpose is to punish the driver who caused the accident.
Compensatory Versus Punitive Damages After a Car Accident
When it comes to car accidents and other personal injury cases, most victims get hurt because of someone else’s negligence. A poor decision, misjudgment, or moment of distraction is often to blame. Victims hurt in car accidents because of others’ negligent or intentional actions can receive compensation from the at-fault party under Florida laws.
Compensatory Damages
Victims can claim damages for their financial losses, bodily injuries, and emotional harm. These are called compensatory damages because the law awards them to a victim to compensate for the harm they suffered.
Essentially, the goal is to make the victim whole again or put them back in the same position they were in before the accident. For instance, if the crash destroyed your car, your compensatory damages could cover the cost of restoring your vehicle to its pre-loss condition.
Punitive Damages
It’s rare that drivers blatantly choose to violate the law or hurt someone else. However, when the driver intends to cause harm, purposely does something wrong, or overtly disregards others’ lives, the law can force them to pay additional money to their victims as a punishment. Punitive damages punish the offender and deter future bad acts.
When Can Car Accident Victims Receive Punitive Damages?
Like car accident victims, personal injury plaintiffs can receive punitive damages only under specific circumstances. Ordinary negligence does not qualify. Each state has its legal requirements, but they all require the offending party’s behavior to be egregious or appalling.
Florida Statutes § 768.72 mandates that the court award punitive damages only when victims can demonstrate by clear and convincing evidence that the defendant is guilty of either of the following:
- Intentional misconduct: This means the defendant knew their conduct was wrong and that there was a high chance someone could get hurt but chose to do it anyway.
- Gross negligence: The defendant’s actions were so reckless and devoid of care that a judge or jury could only conclude the defendant consciously disregarded or showed indifference to others’ life, safety, or rights.
Proving You Are Entitled to Punitive Damages After a Car Accident
Proving either of the above is challenging, especially when the evidence must be clear and convincing. This evidentiary standard requires stronger proof than a typical personal injury case. Claims for punitive damages must leave the judge or jury strongly convinced that the defendant’s actions were intentionally wrong or grossly negligent.
On the other hand, recovering compensation in a personal injury case that isn’t claiming punitive damages requires you to prove the other party was at fault by a preponderance of the evidence. In simple terms, you would only need to prove the other party is at least 50% likely to have caused your injuries.
Other Criteria for Punitive Damages in Florida Car Accidents
You must claim punitive damages formally through the courts. Generally, you must also receive compensatory damages to receive punitive damages.
Punitive Damages Caps
In Florida, the law limits the punitive damages you can receive, per Florida Statutes § 768.73. It caps most cases for punitive damages at either three times the compensatory damages received or $500,000, whichever is greater. If the court finds the defendant intended to harm you, the amount of money you could receive as punitive damages is unlimited.
Given that the courts award punitive damages in addition to the compensation you receive, their dollar amount is often much higher. These damages are also called exemplary damages.
Types of Cases Where the Court May Award Punitive Damages
Car accident cases that are more likely to include and demand punitive damages are:
Drunk driving accidents: Drunk drivers know that getting behind the wheel while intoxicated is illegal and dangerous. Alcohol impairs their decision-making and
physical capabilities, leading to a high probability that someone else will get hurt.
Hit-and-run accidents: It is illegal to leave the scene of a car accident you are involved in. Drivers who do this also leave behind potentially injured victims who could die if they do not receive assistance. The disregard for life hit-and-run drivers display can be appalling enough to warrant punitive damages.
Call Us Today for a Free Consultation
If you were hurt in a car accident due to another person’s negligence or intentional wrong behavior, you may be able to claim not only compensatory damages but punitive damages as well.
The Law Offices of Wolf & Pravato can help you build a compelling claim. Contact or call us immediately for a free case evaluation with a car accident lawyer at (954) 633-8270.
