If the plaintiff wins their case, the defendant is usually ordered to pay a certain amount of money to the plaintiff as compensation for their injuries. These injuries are known as “damages”.
There is a type of damages that is regarded as punishment that can be awarded in civil cases. These are known as “punitive damages”. These are usually awarded in cases where the defendant’s conduct was reckless, intentional or malicious. These punitive damages are paid to the plaintiff.
As a result of the high-profile jury verdicts, the concept of “punitive damages” gains a lot of attention. When a case proceeds to trial, punitive damages are awarded in a very small percentage of injury cases. The defendant’s behavior must be at least near to deserving of punishment for the punitive damages to be awarded to the plaintiff.
The main purpose of awarding punitive damages is to compensate an injured person for the harm caused by the defendant’s actions. When it comes to different types of injuries, the compensation might include compensation for physical pain and suffering, physical impairment, mental anguish, loss wages, and medical expenses.
Punitive damages are different from regular damages. Punitive damages are meant to punish. These are usually not associated to a tangible injury. In more technical terms, they’re not meant to compensate the plaintiff for a specific loss.
There are many states where a finding of punitive damages requires intentional misconduct or gross negligence. Certain other states require a defendant to act with recklessness, malice or deceit. Though common, punitive damages are typically not included in a breach of contract case.
Gross negligence is referred to as the conduct that is reckless and constitutes a conscious disregard or indifference to other’s safety, life, or rights. In general, ordinary negligence involves the violation of a general duty to act with reasonable care, with gross negligence there is an added element of recklessness.
here are certain cases where the person you are holding liable for your injuries may turn around and say that you’re actually to blame you partially for causing the accident. If it is proved true that you do share some amount of fault for your injuries, your final amount of compensation is highly affected. You run the risk of obtaining a highly reduced amount from the at-fault parties.
In the state of Florida, a pure comparative negligence rule is followed. As per this rule, the amount of compensation you are entitled to receive will be lowered by an amount that is equal to your percentage of fault for the accident.
When you are around 5 to 10 percent guilty for causing the accident, your final compensation amount shall not be reduced much. The courts in Florida are obligated to follow this rule in an injury case. In case you are dealing with an insurance adjuster outside the court system, do not be surprised if he or she raises the comparative negligence rule during settlement talks.
When it comes to car accident cases, Florida follows a no-fault insurance system. This system implies that after most traffic accidents, an injured person’s own insurance policy will provide compensation for certain out-of-pocket losses like medical expenses and lost income, no matter who was at fault for the accident.
The other driver cannot be held liable after a car accident in Florida. No third-party insurance claim or personal injury lawsuit is entitled to put the liability on the other driver. The only exception here is when the crash results in “serious injury” to you. In case of a majority of minor accidents, this no-fault rule is applied. However, you might be able to get yourself out of the no-fault system and file a liability claim against an at-fault driver in Florida. This can be done if your claim meets the “serious injury” threshold.
You might experience tragic outcome such as permanent injury, significant and permanent scarring or disfigurement, significant and permanent loss of a bodily function etc.
The Florida cases that involve gross negligence, governmental entities and employees might lose their otherwise generally applicable immunity from liability for personal injury claims. In general, Punitive damages are introduced to punish and to deter similar wrongful or dreadful conduct.
There are certain limitations when it comes to Punitive Damages. Certain states like Florida place limitations or “caps” on punitive damages awards. In Florida, you are not allowed a punitive damage award to exceed three times the amount of the award of compensatory damages or $500,000. Whichever is higher is counted. You need to know check the law in your state or consult with an attorney to find out whether such caps are applicable at the place where you live.
For an injured person to get the rightful compensation there must be a reasonable basis for an injured person. This is common for every personal injury lawsuit. In absence of proper evidence of intentional misconduct, gross negligence, or deceit, a court can levy monetary sanctions on the injured person and his or her attorney for seeking punitive damages. The courts are trying to discourage frivolous claims for punitive damages in personal injury cases by demanding for a reasonable basis before affirming the compensation.