Can You Sue for Punitive Damages in Florida?

Typically, victims are most concerned with recovering compensatory damages, including economic and non-economic losses. Additional damages may be available depending on the defendant’s conduct and if it deserves further consequences.

You can sue for punitive damages for an injury due to intentional misconduct or gross negligence. You may not sue for punitive damages for an injury due to ordinary negligence, which is the basis of most personal injury lawsuits. To obtain punitive damages, we must file a motion to allow the judge to consider them in your case and present clear and convincing evidence of the defendant’s wrongdoing, rather than accepting a settlement.

Call the Graves Injury Law Firm today at (305) 614-2767 for a free case assessment from our Miami personal injury lawyers.

When Can You Sue for Punitive Damages in Florida?

Knowing when you can sue for punitive damages is important so that you don’t miss out on these extra damages in your personal injury lawsuit. Punitive damages are for specific situations and aren’t possible for most personal injury victims.

Injuries Due to Intentional Misconduct

Florida allows plaintiffs to sue for punitive damages for injuries caused by intentional misconduct, such as assault. Most personal injuries are due to ordinary negligence or gross negligence and not intentional misconduct, so you may not be eligible for punitive damages for that reason.

Injuries Due to Gross Negligence

Florida also allows punitive damages for injuries due to gross negligence. Gross negligence is a step beyond ordinary negligence and involves egregious misconduct or a reckless disregard for others’ safety. Drunk driving is one of the most common examples of gross negligence, and may yield punitive damages if you go to trial.

How Can You Sue for Punitive Damages in Florida?

Suing for punitive damages in Florida isn’t as straightforward as it is in some other states and requires plaintiffs to take extra steps after filing a lawsuit.

File a Motion to Amend Your Original Complaint

You cannot request punitive damages when you file your original injury complaint. Instead, you must file a motion with the court after initiating your lawsuit to request that punitive damages be considered. We can support this motion with evidence of the defendant’s gross negligence or intentional misconduct to secure the judge’s approval. If the judge denies the motion, the jury may not consider punitive damages.

Avoid Settling and Go to Trial

Settling an injury lawsuit eliminates the possibility of getting punitive damages. Only the jury, or the judge, if you have a bench trial, can award punitive damages. No defendant would willingly offer to pay additional amounts above compensatory damages to punish themselves, so punitive damages will never arise from a settlement.

That doesn’t mean you must go to court if your case is eligible for punitive damages. To avoid paying punitive damages, the defendant may offer a higher out-of-court settlement that might be more than you initially anticipated recovering for economic and non-economic damages.

Present Clear and Convincing Evidence

A plaintiff must present enough “clear and convincing” evidence of a defendant’s intentional misconduct or gross negligence to convince the judge or jury to award punitive damages. Evidence of gross negligence varies from case to case, but may include records of a DUI arrest or conviction, results of blood or breath alcohol tests, eyewitness testimony, surveillance footage, and expert witness testimony.

When Can’t You Sue for Punitive Damages in Florida?

Don’t assume that punitive damages are an option in your case, and let our Ft. Lauderdale personal injury lawyers confirm whether that is true when we review the defendant’s conduct.

You can’t sue for punitive damages for injuries due to ordinary negligence. Speeding, failing to address tripping hazards, and failing to check blind spots before changing lanes are all common examples of ordinary negligence and reasons for personal injury lawsuits.

You also can’t sue for punitive damages unless the court approves our motion and lets us amend your complaint. Even if our motion is accepted, you cannot get punitive damages at the end of a trial without presenting clear and convincing evidence to the jury or the judge, if you have a bench trial.

FAQs About Suing for Punitive Damages in Florida

How Long Do You Have to Sue for Punitive Damages?

In Florida, personal injury plaintiffs have 2 years to sue for punitive and other damages, barring several tolling exceptions to the statute of limitations.

Do Punitive Damages Ever Replace Compensatory Damages in Florida?

Punitive damages do not replace compensatory damages; they are only awarded in addition to economic and non-economic damages.

Are Punitive Damages Common in Florida Personal Injury Claims?

Most personal injury plaintiffs are injured by ordinary negligence, not intentional misconduct or gross negligence, so punitive damages are not available in most injury lawsuits.

Does Florida Cap Punitive Damages in Personal Injury Claims?

Florida currently limits awards for punitive damages to the greater of 3 times the amount of a plaintiff’s compensatory damages or $500,000. This is the maximum amount, and awards for punitive damages can be smaller.

Can Testifying in Court Help You Get Punitive Damages?

If you witnessed the defendant’s gross negligence or intentional misconduct, you can describe their conduct to the jury. If your testimony corroborates that of other eyewitnesses and other evidence we present, such as photos, videos, and expert witness statements, you may get punitive damages.

Do You Need a Lawyer to Sue for Punitive Damages in Florida?

If you don’t have an attorney you can trust, you may not realize that you are eligible for punitive damages, that you must file a motion to amend your original claim to seek them, or what kind of evidence is the most useful in recovering them.

Sue for Punitive Damages in Florida with Our Help

Get a free case analysis from the Graves Injury Law Firm by calling our Coral Gables, FL personal injury lawyers at (305) 614-2767.