Punitive Damages
Punitive damages are a type of financial compensation awarded in certain civil lawsuits—not to compensate the victim, but to punish the wrongdoer and deter similar conduct in the future.
What Makes Punitive Damages Different?
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Compensatory damages: These cover actual losses—like medical bills, lost wages, and pain and suffering.
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Punitive damages: These are extra and only awarded in cases where the defendant’s conduct was especially egregious, reckless, or intentional.
When Are Punitive Damages Awarded in Florida?
Under Florida law (Fla. Stat. § 768.72), punitive damages are not automatic and are only allowed when the plaintiff can show that the defendant acted with:
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Gross negligence – a reckless disregard for the safety of others
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Intentional misconduct – the defendant knew their conduct was wrong and still did it
Example cases that may involve punitive damages:
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A drunk driver causing a serious car accident
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A nursing home intentionally neglecting a vulnerable resident
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A company knowingly selling a dangerous product
Are There Limits to Punitive Damages in Florida?
Yes. Florida caps punitive damages as follows:
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Three times the amount of compensatory damages or
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$500,000, whichever is greater
There are exceptions for certain cases, like intentional harm or abuse of vulnerable people, where caps may be higher or not apply.
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