When Can You Seek Punitive Damages for an Auto Accident in Florida?

If you’ve been seriously or permanently injured in an auto accident in Florida, you have the right to seek just compensation for your financial and non-financial losses resulting from the accident. These losses could negatively impact your life for years to come, so it will be critical to work with an experienced Florida auto accident attorney who can help you seek the full compensation you deserve.

Can your attorney also help you seek punitive damages?

Under Florida law, punitive damages are available in some circumstances but not others. To seek punitive damages, you need to be able to prove more than just ordinary negligence—and this also requires experienced legal representation. If your Florida auto accident attorney can establish a claim for punitive damages in your case, this could significantly increase the amount you are entitled to recover.

Punitive Damages in Florida Auto Accident Cases

So, when are punitive damages available?

The availability of punitive damages in auto accident cases is addressed in Section 768.72 of the Florida Statutes. Specifically, Section 768.72(2) provides that:

“A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence.”

If we break this down, we can see that there are two key aspects to establishing a claim for damages in an auto accident case under Florida law. First, a claim for punitive damages must be based on “clear and convincing evidence.” Second, auto accident victims who are seeking punitive damages must be able to prove either “intentional misconduct” or “gross negligence.”

What is “Clear and Convincing Evidence?”

“Clear and convincing evidence” is what is referred to as a standard of proof. Ordinarily, the standard of proof in an auto accident case is “a preponderance of the evidence.” This means that in order to recover just compensation, an accident victim must be able to prove that it is more likely than not that the defendant is legally responsible for the victim’s injuries.

At the other end of the spectrum, the standard of proof in criminal cases is “beyond a reasonable doubt.” This means that prosecutors must be able to establish a defendant’s guilt with near certainty in order to secure a conviction.

“Clear and convincing evidence” falls in between these two standards.

In other words, to recover punitive damages in an auto accident case, it isn’t enough to prove that it is more likely than not that the defendant is legally responsible. At the same time, you don’t need to prove the defendant’s legal responsibility with near certainty. When you hire an experienced Florida auto accident attorney to represent you, your attorney will be able to assess whether the available evidence is sufficient to meet your burden of proof.

What Qualifies as “Intentional Misconduct” or “Gross Negligence?”

Your attorney will also be able to assess whether the available evidence is sufficient to establish a claim for “intentional misconduct” or “gross negligence.” Both of these terms are defined in Section 768.72 of the Florida Statutes:

“’Intentional misconduct’ means that the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage.”

“’Gross negligence’ means that the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.”

Courts in Florida have held that auto accident victims can pursue claims for punitive damages based on intentional misconduct or gross negligence in various circumstances. Some of the primary circumstances in which punitive damages may be available include:

• Drunk Driving Accidents – Drunk driving is among the most common grounds for pursuing punitive damages in Florida auto accident cases. The dangers of driving under the influence are well-known; and, if a driver chooses to get drunk and then get behind the wheel, this may provide clear grounds to pursue a claim for gross negligence.
• Road Rage Accidents – Road rage is among the most common grounds for pursuing punitive damages claims in Florida as well. If an enraged driver intentionally causes a collision or forces another driver off of the road, this could clearly meet the definition of “intentional misconduct” under Florida law.
• Street Racing Accidents – Accidents involving street racing can also justify claims for punitive damages in many cases. If you got hit by a driver who was street racing, you will want to work with a Florida auto accident attorney who is prepared to pursue a punitive damages claim on your behalf if warranted.
• Extreme Reckless Driving Accidents – Weaving through traffic at high speed, running red lights at high speed and other extreme forms of reckless driving can also justify punitive damages claims. Here too, an experienced Florida auto accident attorney will be able to determine what damages you can pursue under the circumstances of your case.
• Texting–While-Driving Accidents – Texting behind the wheel can also constitute gross negligence in some cases. However, this is heavily dependent on the circumstances involved. For example, while briefly glancing at a text message may not be enough to establish gross negligence, having a lengthy text conversation while speeding on the highway could be a very different scenario.

With all of that said, every case is unique. To seek punitive damages in your case, you must be able to use the available evidence to prove that the driver who hit you either acted intentionally or with gross negligence under the specific circumstances at hand. Once again, an experienced Florida auto accident attorney will be able to help—and, to ensure that your attorney has the opportunity to collect as much evidence as possible before it disappears, you should schedule a free initial consultation as soon as possible.

Discuss Your Legal Rights with a Florida Auto Accident Attorney at Searcy Denney

Do you have questions about your legal rights after an auto accident in Florida? If so, contact us today. Call 800-780-8607 or request a free consultation online to speak with an experienced Florida auto accident attorney at Searcy Denney.