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Does Florida Allow Punitive Damages?

May 30

Residents of the greater Tampa, FL Bay metro area often wonder why some people who are injured in an accident only receive compensation for the medical and other bills while some other residents may receive more money in Tampa for something called “punitive damages.”

Punitive Damages Definition

“Punitive damages” means exactly what the word says – the money the defendant is ordered to pay is meant to punish them.  A more gentle way to say it might be that it is intended to encourage the guilty party to not repeat that same behavior that resulted in the injury Tampa Car Accident Lawyer.

When are They Allowed?

When you bring a personal injury lawsuit, you can add punitive damages.  But this only applies if the guilty party harmed you intentionally or if they were grossly negligent.  At Kemp, Ruge & Green Law Group in Tampa, we have handled hundreds of Tampa Car Accident Attorney cases.  We are well aware of the instances when punitive damages can be added and when they can’t.

Punitive damages are completely separate from your medical expenses, pain and suffering, lost wages, and those sorts of compensatory damages.

Punitive Damages Trends

According to the U.S. Department of Justice, Personal Injury Attorney Near Me victims are receiving fewer and fewer punitive damage awards.  In medical malpractice suits, punitive awards went down by nearly half.  In addition, in defective product cases, awards decreased by more than 70%.

Figuring Out Punitive Damages in Florida

Before your Kemp, Ruge & Green Law Firm attorneys figure out if you can sue for punitive damages they will first find out how much you can sue for in regular compensatory damages. These are the damages that can be easily found by looking at the numbers.  

Your Personal Injury Attorney Tampa will look at the hospital and doctor bills and add them up.  They will question your doctors to see what medical bills you may expect in the future as a result of your injury. They will also consider property damages, lost wages, and future lost wages.

After Compensatory Damages Are Settled

Punitive damages are not considered part of your compensatory damages.  They are a completely separate part of your lawsuit.  Just because you won your compensatory damages claim does not automatically mean you will also win the punitive damages claim.

What You Have to Show

When asking for punitive damages, the experienced Tampa Personal Injury Lawyer at Kemp, Ruge & Green Law Group knows that you have to prove intentional misconduct or gross negligence in order to receive punitive damages.

Kemp, Ruge & Green Law Group
3903 Northdale Blvd #100e, Tampa, FL 33624
(813) 217-9138
https://kemprugegreen.com/cities/carrollwood-personal-injury-lawyers/