Under limited circumstances, Florida allows injury victims to pursue punitive damages against those who caused their injury. Punitive damages differ from compensatory damages. While Compensatory damages seek to compensate an injury victim for the economic and non-economic damages they sustained, punitive damages are designed to punish egregious conduct or to deter others from acting the same way. Punitive damages may only be sought in special circumstances.
PUNITIVE DAMAGES IN FLORIDA
Florida Statute § 768.72 provides that “no claim for punitive damages shall be permitted” unless and until there is a reasonable showing by evidence which would provide a reasonable basis for such damages. The statute goes on to state that before a driver may be held liable for punitive damages, the trier in fact, based on “clear and convincing evidence” must find the driver personally guilty of intentional misconduct or gross negligence. This is a significantly higher standard than negligence.
So, what types of facts may a driver who caused a car accident find themselves exposed to punitive damages? There is no hard and fast list to determine whether punitive damages would be applicable. However, the courts have found punitive damages applicable where a driver is
1. Operating their vehicle under the influence of alcohol;
2. Operating their vehicle under the influence of illegal drugs;
3. Operating their vehicle unsafely due to a known medical condition; and
4. Operating their vehicle while texting on their phone.
Additionally, Florida courts have upheld a punitive damages award against an employer for the actions of its employee where the employer has some independent fault or negligence.
Whether you may have a claim for punitive damages rests on the facts of your case as these claims are highly factually dependent.
WHAT IS THE STATUTE OF LIMITATIONS TO BRING AN INJURY CLAIM IN FLORIDA
The statute of limitations is the time in which you must file your case in court. If you fail to do so, your claim may be forever barred.
The statute of limitations will depend on the date your injury occurred. If your injury occurred on March 23, 2023 or before, your statute of limitations is 4 years.
If your injury occurred on or after March 24, 2023, your statute of limitation is 2 years.
The reasons for this change is that on March 24, 2023, Governor Ron DeSantis signed HB 837 which fundamentally changed Florida’s injury victim’s rights. As part of this new law, the statute of limitations was cut in half – from 4 to 2 years.
CONTACT A ALTAMONTE SPRINGS CAR ACCIDENT ATTORNEY
The best way to determine the value of damages in your case is through a free consultation with an Altamonte Springs car accident attorney. Attorney Justing Presser has been fighting for injury victims for over 17 years. With offices in Altamonte Springs and Deltona, Presser Law, P.A. represents car accident victims throughout Central Florida.
Preserve your rights, protect your claim. Contact Presser Law, P.A. today at 407-216-2000 or visit our website for a free consultation and learn how we can assist you in obtaining a full and fair resolution of your claim.
