Are Punitive Damages Available for Catastrophic Injury Claims?

Did you sustain a traumatic brain injury, a spinal cord injury, or another type of catastrophic injury during a recent accident? Speak with a catastrophic injury lawyer about it as soon as possible.

An attorney will assist you in seeking compensation to cover economic and non-economic losses stemming from your accident. Recovering compensatory damages will enable you to cover medical bills, property damage repair costs, lost wages, and more.

A lawyer will also help you explore the possibility of recovering punitive damages. Although rarely awarded in personal injury cases, they are available to those filing catastrophic injury claims in Florida.

Discover more about them below.

What Are Punitive Damages?

Punitive damages, also known as exemplary damages, are legal compensation you might collect in certain cases, such as those involving catastrophic injury. They’re different from the compensatory damages you may also collect.

Compensatory damages are designed to help make the plaintiff in a lawsuit whole again after sustaining injuries. They assist in covering any costs they may have faced in the aftermath of car crashes and other types of accidents caused by others.

Punitive damages punish the defendant for demonstrating intentional or gross negligence during an accident. If, for example, a defendant intentionally crashed their car into a plaintiff’s car in an attempt to injure them, a judge or jury could award exemplary damages to the plaintiff.

How Do You Qualify for Them?

Being involved in an accident that resulted in catastrophic injuries doesn’t automatically make you eligible for punitive damages. Since they aren’t awarded based on the severity of injuries, you won’t qualify just because you suffered a serious injury.

Instead, you will qualify if your catastrophic injury lawyer proves the defendant exhibited intentional or gross negligence in your case. Your attorney must also request them in your initial lawsuit for you to be eligible.

Since there is such a high standard for punitive damages in Florida, few plaintiffs pursue them. However, you shouldn’t necessarily let this stop you from exploring this option if you believe the defendant in your lawsuit demonstrated egregious behavior or intentional misconduct during your accident.

How Much Are They Worth?

Calculating punitive damages is challenging since they aren’t directly related to accident expenses you can quantify. This makes it virtually impossible to say precisely how much they might be worth if your catastrophic injury lawyer convinces a judge or jury to award them to you.

One thing you should keep in mind is that there are statutory caps on damages in Florida, especially as they pertain to punitive damages. This cap is either three times the value of any compensatory damages you recover in your case or $500,000, whichever is higher.

The only exception to this cap occurs when it is determined that a defendant’s intentional or gross negligence was motivated by a desire for financial gain. In this instance, the cap increases to either four times the value of compensatory damages or $2 million, depending on which is higher.

Let a Catastrophic Injury Lawyer From Our Firm Review Your Case

If you sustained catastrophic injuries during an accident, they could affect you for the remainder of your life. They may impact your ability to work, force you to seek lifelong medical care, and even prevent you from enjoying living as much as you might otherwise.

A catastrophic injury lawyer from Warner & Fitzmartin, PLLC, will help you take legal action against the person who caused your accident and assist you in trying to recover punitive damages. Contact us at (561) 803-0167 to schedule a free consultation.