Punitive Damages: Punishing Those At Fault For Personal Injuries In Miami
Personal injuries in Miami happen due to negligence on the part of others. While they may not have meant to cause you harm, the fact is that the situation could have been avoided if not for their actions or inactions. In addition to being held liable for medical expenses, lost wages, and other costs you incur, they can also be made to pay punitive damages. Our Miami personal injury lawyer explains when punitive damages are awarded and the amount you may be entitled to.
Are You Entitled To Punitive Damages In Your Miami Personal Injury Claim?
Personal injury claims in Miami are filed on the basis of negligence. This means that your injuries were due either to the reckless actions of others or that they failed to take reasonable precautions to protect you from harm. Examples include car accidents caused by drunk driving, running red lights, or other dangerous behaviors, and slips or falls due to the failure of property owners to maintain the premises.
When filing a personal injury lawsuit in Florida, you may be entitled to three types of compensation, referred to as damages:
- Economic damages, which compensate you for actual costs, such as medical expenses and lost wages,
- Non-economic damages, compensating you for pain, suffering, and other intangible losses;
- Punitive damages, which punish the at-fault party for gross negligence.
Under the Florida Statutes, punitive damages are available on a limited basis. The person’s actions must have been particularly willful, with a high probability of causing harm to others.
How Punitive Damages In Florida Are Calculated
When filing a personal injury lawsuit through the Miami-Dade County Civil Court, punitive damages punish the at-fault party and prevent others from engaging in similar behavior. Examples of when they may be awarded include car accidents due to driving at excessively high speeds or with a high blood alcohol content (BAC) level and when property owners willfully disregard standard safety procedures or fail to warn visitors of obvious dangers.
In calculating punitive damages in Florida, courts generally factor in the following:
- The at-fault party’s behavior;
- Their available resources;
- The extent of the harm you suffered;
- The total amount of other compensation awarded.
There is a cap on punitive damages in personal injury lawsuits in Florida. The law allows up to three times the total amount of economic and non-economic damages awarded in your case or $500,000, whichever amount is higher.
Our Miami Personal Injury Lawyers Help You Get The Maximum Amount You Need To Recover
When you suffer personal injuries due to negligence on the part of others, you can count on Pita Weber Del Prado to help you hold them accountable. We fight to get the maximum amount you need to recover. This includes punitive damages, which punish the at-fault party and help prevent others from engaging in similar behavior. To find out if you are entitled to this type of compensation, call 305-670-2889 or contact our Miami personal injury lawyers online and request a consultation today.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.72.html
miami-dadeclerk.com/ocs/
