Are punitive damages available in a Florida auto accident case?
- While punitive damages are available in a car accident case, the circumstances are pretty rare. The most common example would be a drunk driving case. Because punitive damages are meant to punish the wrongdoer for some intentional or grossly negligent act, simple negligence is not enough. So, in Florida, an experienced personal injury lawyer must present evidence of the defendant's reckless disregard for the safety of others, and in those rare instances where a court allows a jury to consider punitive damages, Florida law caps those damages. So, when you hear about large jury verdicts with punitive damages in the news, chances are it's never going to stand up on appeal and will likely get reduced to a much lower amount. The bottom line is that punitive damages are available in car accident cases, but it is very rare, and even when they are available, they are capped here in Florida.
