Fort Lauderdale Car Accident Attorney Blog
Most people understand that when they are involved in a car accident that was someone else’s fault, they are entitled to collect damages for serious injuries. What is less understood is the fact there are two kinds of damages: Compensatory and punitive.
While compensatory damages are intended to compensate victims for actual losses, punitive damages are intended to punish the wrongdoer and discourage similar future acts. There are certain criteria for pursuit of punitive damages, and in Florida, the criteria is described in F.S. 768.72. Plaintiffs will have to show defendant either acted with gross negligence (conduct so reckless it constituted a conscious disregard or indifference for life, safety and rights of others) or intentional misconduct.
Punitive damages aren’t applicable to every case, but they are usually worth exploring because they can substantially increase the sum owed to car accident victims. However, plaintiff attorneys must be cautious because filing for punitive damages absent a sound basis to do so may result in sanctions from the court. Continue reading →