Punitive Damages

When someone’s reckless or malicious actions cause you or a loved one harm, the impact goes beyond physical and financial losses—it demands accountability. Punitive damages offer a way to punish wrongdoers and deter future misconduct, ensuring justice is served.

At the Law Office of Mark Wolin, we bring over 35 years of experience fighting for victims throughout South Florida who deserve punitive damages. Whether your case involves drunk driving, willful negligence, or other egregious acts, our firm is here to navigate Florida’s strict laws and secure the full measure of justice you’re entitled to.

What Are Punitive Damages?

Punitive damages are different from “compensatory” damages. Compensatory damages are intended to compensate the injured party for their injuries and damages, such as financial losses due to medical bills and lost earnings, and their pain and suffering. In contrast, punitive damages are intended to punish the wrongdoer and make an example of them for actions that were wanton, willful, reckless, and/or malicious.

These damages go beyond compensation—they send a message that such behavior won’t be tolerated.

Common Scenarios Supporting Punitive Damages Claims

Punitive damages apply in cases of extreme misconduct. At the Law Office of Mark Wolin, we’ve pursued them in situations like:

• Drunk Driving: Evidence of drunk driving will support a claim for punitive damages due to its reckless nature.
• Intentional Harm: Deliberate acts causing injury, like assaults or fraud.
• Gross Negligence: Extreme carelessness, such as ignoring known safety risks.
• Malicious Conduct: Actions driven by spite or intent to harm, like sabotaging equipment.
• Corporate Misconduct: Companies knowingly selling dangerous products or hiding defects.

Florida restricts claims for punitive damages. You can’t just claim them or plead for them in your complaint as a matter of right. On the contrary, before you can even plead for punitive damages, you must first show the court that you have evidence of a reasonable basis on which a jury could find punitive damages.

Symptoms and Long-Term Effects of Injuries Warranting Punitive Damages

Injuries from willful or reckless acts can leave deep scars. The effects may be immediate or lasting, requiring strong legal action.

Common Symptoms of Such Injuries:

• Severe pain or trauma
• Emotional distress or panic
• Loss of mobility or function
• Financial hardship from medical costs
• Fear or sleeplessness
• Worsening health conditions

Long-Term Effects:

• Permanent disability or disfigurement
• Chronic pain or mental health struggles
• Loss of career or earning potential
• Ongoing therapy or medical care
• Reduced quality of life
• Family strain or dependency

Why You Need a Punitive Damages Attorney

Punitive damages cases are legally challenging. Florida law imposes strict hurdles—before pleading punitive damages, you must convince a court with evidence. If the court denies the motion to plead punitive damages, the plaintiff can appeal the ruling. If the court grants it, the defendant can appeal. Either way, once appealed, the case will be delayed indefinitely before trial while the appeals court rules.

At Mark Wolin’s Law Office, We Will:

• Build a compelling case with evidence of egregious conduct
• Navigate Florida’s punitive damages restrictions and appeals process
• Leverage discovery on the defendant’s net worth if punitive damages are allowed
• Negotiate strategically, using the threat of punitive damages to compel fair settlements
• Fight for both compensatory and punitive awards in court

Our investigative journalism roots and trial expertise give us the edge to win these high-stakes cases.

The Value of a Punitive Damages Case in Florida

Punitive damages add a layer beyond compensatory awards, which cover medical bills, lost income, and pain. If the court allows punitive damages, the amount is restricted depending on circumstances but can reflect the defendant’s net worth—relevant to determine due punishment. Insurance companies don’t provide coverage for punitive damages, as one shouldn’t be insured for malicious acts, but the threat of a big award can pressure insurers to settle.

You May Be Entitled To:

• Compensatory Damages: Medical costs, lost wages, pain and suffering
• Punitive Damages: Punishment for the wrongdoer’s actions
• Emotional and financial recovery tailored to your case

Mark Wolin has successfully pursued punitive damages for victims in Miami-Dade, Broward, and Monroe Counties, leveraging 35+ years of experience to maximize justice.

How Long Do I Have to File a Punitive Damages Lawsuit in Florida?

In Florida, the statute of limitations for personal injury cases, including those seeking punitive damages, is two years from the incident (per 2023 legal updates). Exceptions may apply if harm wasn’t immediately apparent. Early action is critical to meet punitive damages’ evidentiary threshold.

Building a Strong Punitive Damages Case: What We Do

Our approach to punitive damages claims is meticulous, aggressive, and justice-driven. Every client’s story fuels a tailored strategy.

Here’s How We Build Your Case:

1. Evidence Gathering: We compile proof of willful or reckless conduct, like drunk driving records.
2. Court Motion: We present a solid basis to plead punitive damages under Florida law.
3. Impact Assessment: We document your injuries and losses for compensatory claims.
4. Negotiation and Litigation: We use punitive threats to negotiate or win at trial.

What Makes Mark Wolin Different?

With over 35 years of trial experience and a background in investigative journalism, Mark Wolin brings unmatched skill and resolve to punitive damages cases. His ability to uncover damning evidence can unlock these rare awards.

• Over 35 years of legal experience
• Licensed in Florida and Illinois
• Admitted to the U.S. Supreme Court
• Client-first communication and support
• Available 24/7 for emergencies
• No upfront fees – You pay only if we win

If you or a loved one should ever have to suffer because of injuries by a drunk driver or other reckless act, we are ready and able to help with skills backed by decades of experience in South Florida courts. We treat our clients like family and fight for justice as if it’s our own.

Schedule a Free Consultation with a Punitive Damages Lawyer Today

Reckless or malicious harm deserves more than compensation—it deserves punishment. If you need me, call me. 24/7. Mark Wolin is here to fight for you every step of the way.

📞 Call Now: (305) 891-3336
📍 Visit Us: 11098 Biscayne Blvd., Suite 401-2, Miami, FL
🕘 Available 24/7 | No Fees Unless We Win

Frequently Asked Questions About Punitive Damages Cases

How do I know if I qualify for punitive damages?
If your injury stemmed from wanton, willful, or reckless acts—like drunk driving—you may qualify. A consultation can assess your case.

Can I claim punitive damages for someone else?
Yes. If a loved one was harmed or killed, a family member can pursue them.

What evidence supports punitive damages?
Proof of malice or recklessness, like DUI records or witness accounts, is crucial.

How long does a punitive damages case take?
Cases can take months to years, especially with appeals over pleading rights.

Will I need to go to court?
Many settle due to punitive threats, but we’re ready to litigate if needed.

What if insurance won’t cover punitive damages?
The threat can still force a higher compensatory settlement. We’ll leverage it.

How much can I get in punitive damages?
Amounts vary by defendant wealth and case facts, but Florida caps them unless extreme. A review estimates your potential.