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.
Getting Punitive Damages Requires Strong Evidence
To receive punitive damages after an accident, you need to have an especially persuasive case. This requires finding sufficient evidence of both the liable party’s bad behavior and of the connection between your injuries and their actions.
Your lawyer may try to prove that you are eligible for punitive damages by collecting evidence from many sources, including:
- A statement from you detailing everything you remember about how the car accident happened (especially with regard to the at-fault party’s actions)
- Video footage, such as from traffic or surveillance cameras, that caught the liable party’s malicious behavior on tape
- Testimony from witnesses who saw all or part of the collision
- Testimony from experts who can further establish that your accident injuries could only have occurred through extreme negligence
- Any previous complaints, arrests, or convictions against the liable party to establish that they have a history of this type of behavior
Punitive damages are very hard—but not impossible—to recover after a traffic accident. If you are entitled to such damages, our car crash lawyer can work relentlessly to prove it.
Who Pays Punitive Damages in a Car Accident?
Punitive damages are not like regular compensation for medical bills or car repairs—they are awarded to punish the at-fault driver for reckless or intentional misconduct, such as drunk driving or aggressive road rage. Unlike compensatory damages, punitive damages are not covered by car insurance policies. This means the at-fault driver must pay punitive damages out of their own pocket.
In many cases, collecting punitive damages depends on the driver’s financial situation. If the person has limited assets, victims may face challenges in recovering the full amount, even if a court awards it.
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 andphysical 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 the lives of hit-and-run drivers can be appalling enough to warrant punitive damages.
What if You Do Not Qualify for Punitive Damages?
As previously discussed, punitive damages are only awarded in the most extraordinary circumstances. If you do not qualify for these damages, do not be discouraged. You can still recover damages based on:
- Pain and suffering
- Reduced quality of life
- Disability
- Loss of consortium
- Medical costs
- Property damages
- Loss of wages and benefits
- Loss of earning capacity
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 our Fort Lauderdale personal injury lawyer at (954) 633-8270.