Are punitive damages available in a Florida auto accident case?
The question is, can one get punitive damages in a Florida auto accident case or crash case? The answer is yes, depending of course on the conduct of the other driver. The basic level of proof that has to be shown is some level of growth negligence or intentional misconduct, that kind of irresponsible conduct where the court will allow you to ask a jury for punitive damages. Once you get past that bar, you’re allowed to make the case for punitive damages. The presumptive limit is three times the actual damages. The jury can award up to three times the actual level of damages. That’s the presumptive limit that the court places on punitive damages.