What Are Punitive Damages in a Florida Injury Case?

Steven A. Bagen | December 13, 2024 | Personal Injury

Punitive damages are a specific type of financial award in a civil lawsuit that does not pay you back for your losses, like medical bills or lost income. Instead, their purpose is to punish a defendant for conduct that was particularly harmful—either intentional or grossly negligent—and to discourage others in the community from acting in a similar way.

Understand, however, that punitive damages are not awarded in most Florida personal injury cases. A Florida personal injury lawyer can explain that state law sets a very high standard of proof, requiring what is known as “clear and convincing evidence” that the defendant was guilty of intentional misconduct or gross negligence. This is a much higher bar to clear than in a typical negligence case.

While difficult to obtain, these damages are a vital tool for holding individuals and corporations accountable for shockingly irresponsible behavior. When a company knowingly sells a dangerous product, or a driver gets behind the wheel with extreme disregard for others’ safety, pursuing punitive damages is a way to seek justice that goes beyond simple compensation. 

If you believe you were harmed by someone’s extreme recklessness, call our office for a no-cost discussion about your options. Contact Steven A. Bagen & Associates, P.A. at (800) 800-2575.

Key Takeaways for Punitive Damages in Florida

1. Punitive damages are for punishment, not compensation. They are awarded to penalize defendants for intentional misconduct or gross negligence and to deter others from similar behavior.
2. The legal standard in Florida is extremely high. You must provide “clear and convincing evidence” of the defendant’s egregious conduct, which is a much stricter requirement than in a standard negligence case.
3. Strict caps limit most punitive damage awards. Florida law generally limits these awards to the greater of $500,000 or three times the compensatory damages, though exceptions exist for the most reprehensible actions.

The Difference Between Compensatory and Punitive Damages

To fully grasp what makes punitive damages unique, it helps to first understand the primary form of compensation in personal injury cases: compensatory damages. 

Compensatory Damages: Making You Whole Again

Compensatory damages are designed to do exactly what the name implies: compensate you for your specific, documentable losses. Their goal is to return you, as closely as possible, to the financial position you were in before the injury occurred. If you wonder, can I make a personal injury claim myself, it’s important to understand these damages are broken down into two simple categories:

• Economic Damages: These are the tangible costs with a clear dollar amount. Think of them as the receipts and invoices stemming from the accident. This includes medical bills, physical therapy costs, lost wages from being unable to work, and the cost to repair or replace damaged property.
• Non-Economic Damages: These cover losses that don’t have a price tag but are just as real and are even more devastating. This category includes physical pain, emotional distress, scarring and disfigurement, and the loss of enjoyment of life.

Punitive Damages: Punishing and Preventing

Punitive damages, sometimes called exemplary damages, have a completely different job. They are not about your losses. They are awarded to punish the defendant and make a public example of them to deter similar conduct in the future.

Think of it like this: Compensatory damages pay to rebuild the house that was knocked down. Punitive damages impose a separate, significant fine on the person who bulldozed it on purpose, to ensure they and anyone watching never do something so destructive again.

This is why the defendant’s actions are put under a microscope in these cases. The focus shifts from the consequences of their actions to the nature of the actions themselves.

What Kind of Behavior Justifies Punitive Damages in Florida?

A simple mistake, a moment of carelessness, or what the law calls ordinary negligence is not enough to warrant punitive damages. The law requires proof of something much more serious. 

Under Florida Statute 768.72, a jury only awards what are punitive damages if they find clear and convincing evidence of either intentional misconduct or gross negligence.

Intentional Misconduct

This is the most straightforward category. The law defines intentional misconduct as a situation where the defendant had actual knowledge of the wrongfulness of their conduct and the high probability that injury would result, but they did it anyway. It’s a conscious and deliberate choice to pursue a dangerous course of action, fully aware of the likely harm.

Some real-world examples might include:

• A company that discovers a dangerous defect in one of its products but actively hides the information and continues to sell it to avoid the cost of a recall.
• An individual who physically assaults another person, acting with the clear intent to cause bodily harm.
• A business that knowingly exposes its employees or the public to toxic materials while fraudulently concealing the health risks.

Gross Negligence

This type of behavior falls short of intentional harm but goes far beyond ordinary carelessness. Florida law defines gross negligence as conduct that is so reckless or lacking in care that it constitutes a conscious disregard for the life, safety, or rights of other people. It’s acting without any concern for the predictable, catastrophic harm that could result.

Examples of gross negligence could involve:

• A surgeon who performs a procedure while under the influence of drugs or alcohol.
• A commercial trucking company that consistently forces its drivers to violate federal hours-of-service safety rules to meet delivery deadlines, leading to a fatigue-related crash.
• A drunk driver who gets behind the wheel with a very high blood alcohol content and speeds through a residential neighborhood, causing a devastating accident.

In each of these scenarios, the defendant may not have specifically intended to hurt the victim, but their actions showed a shocking indifference to the obvious danger they were creating. Distinguishing between ordinary negligence and gross negligence requires a deep analysis of the facts.

How Do You Prove a Claim for Punitive Damages?

The “Clear and Convincing Evidence” Standard

In a regular negligence case, you typically have to prove that it is “more likely than not” that the other party was at fault. This is known as the “preponderance of the evidence” standard—think of it as tipping the scales just over 50 percent in your favor, which is often what determines how a personal injury case to settle might proceed.

For punitive damages, however, the standard is much higher: “clear and convincing evidence.” This means the evidence presented must be strong enough to convince the jury that it is highly probable that the defendant acted with intentional misconduct or gross negligence, leaving very little room for doubt.

A Two-Step Process in Court

You do not just walk into a courtroom and ask a jury for punitive damages from the beginning. Florida law requires a specific two-step process to ensure these claims are only brought forward when there is sufficient evidence.

1. Getting Permission from the Judge: First, we must file a formal motion with the court seeking to add a claim for punitive damages to your lawsuit. In a preliminary hearing, we present the judge with the evidence we have gathered, such as internal company documents, witness statements, or expert analysis. The judge then reviews this evidence and decides if there is a “reasonable basis” to believe the defendant’s conduct qualifies. Only if the judge agrees do we proceed to the next step.
2. Presenting the Case to the Jury: If the judge grants permission, we then have the task of proving our case to the jury using that “clear and convincing” standard. The evidence we present might include witness testimony about the defendant’s behavior, internal emails showing a company knew of a danger, or evidence from a related criminal case, such as a DUI conviction.

Our job at Steven A. Bagen & Associates, P.A. is to conduct the deep investigation necessary to uncover this type of powerful evidence. We work to build a compelling narrative that we present effectively, first to a judge and then to a jury, to hold the responsible party fully accountable when personal injury claims go to court.

Are There Limits on Punitive Damages in Florida?

Even if a jury is convinced that a defendant’s conduct was egregious and awards punitive damages, legal limits, or “caps,” usually apply to the final amount that is recovered. In Florida, the general cap on punitive damages is the greater of two amounts:

• Three times the amount of compensatory damages awarded, OR
• $500,000.

Exceptions to the Cap

Florida law does provide for some important exceptions where the caps are higher or do not apply at all. These exceptions are reserved for the most reprehensible conduct:

• Unreasonable Financial Gain: If the wrongful conduct was motivated by a desire for unreasonable financial gain and the defendant knew how dangerous it was, the cap may be increased to four times the compensatory damages or $2 million, whichever is greater.
• Specific Intent to Harm: If there is clear and convincing evidence that the defendant specifically intended to harm you, and did in fact harm you, there is no cap on punitive damages.

Let Us Evaluate the Strength of Your Case

You may be unsure if the conduct that injured you rises to the level of “gross negligence” or “intentional misconduct.” These are difficult legal terms, and you should not have to figure them out alone. That is our job.

At Steven A. Bagen & Associates, P.A., we have years of experience handling serious injury cases. We are prepared to thoroughly investigate the facts of your case to determine if a claim for punitive damages is viable. We understand how to gather the powerful evidence required to show a judge and jury the true, egregious nature of the defendant’s actions.

The first step is a conversation. Let’s talk about what happened to you and explore all the avenues available for seeking justice. Call Steven A. Bagen & Associates, P.A. for a free, confidential case review at (800) 800-2575.