Personal Injury Attorney Services
pUNITIVE dAMAGES

Serving South Florida From North Miami Since 1988

     Punitive Damages are different from “compensatory” damages.  Compensatory damages are intended to compensate the injured party for their injuries and damages, such as their financial losses due to medical bills and lost earnings, and their pain and suffering.

     In contrast, punitive damages are intended to punish the wrong doer, and make an example of the wrongdoer for actions that were wanton, willful, reckless and/or malicious.

     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. 

     If the court denies the motion to plead punitive damages, the plaintiff can appeal the ruling.  If the court grants the motion to plead punitive damages, the defendant can appeal the ruling.  Either way, once appealed the case will be delayed indefinitely before it can go to trial, while the appeals court rules on the judge’s decision to allow or to disallow punitive damages.

     If the court allows punitive damages, then you can take discovery on the defendant’s net worth–which the law deems relevant to determine the amount of damages that would be considered due punishment.  Even then, the amount of punitive damages to be awarded is restricted, depending upon the circumstances.

     Evidence of drunk driving will support a claim for punitive damages. Insurance companies don’t provide coverage for punitive damages, on the theory that one should not be insured for malicious wrongdoing.  However, the threat of a punitive damage award can be successfully leveraged in negotiations against the insurance company to compel a settlement in the best interests of the insured.

     If you or a loved one should ever have to suffer because of injuries by a drunk driver, we are ready and able to help with skills backed by more than 35 years of personal injury experience in the courts of South Florida.  So if you need me, call me.  24/7.