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In Florida, you may be entitled to recover additional punitive damages if your injury was caused by another’s gross negligence (as opposed to ordinary negligence).

The Florida Statutes Section 768.72 provides that, in any civil action, a defendant may be held liable for punitive damages if there is clear and convincing evidence that the defendant is guilty of gross negligence.

In most cases, damages are intended to compensate the victim for their injuries.  For example, if you are injured in a motor vehicle accident, your medical expenses claim will come under the umbrella of compensatory damages.

Punitive damages, by contrast, are damages that are intended to punish a defendant’s behavior and discourage like-behavior in society.  Punitive damages may be awarded by the court in a drunk driving lawsuit, for example, to punish the defendant for their excessively reckless behavior and to discourage others from driving while intoxicated (the thought process is that if drunk drivers are on-the-hook for even more significant damages in the event of an accident, drivers will more frequently choose to avoid driving while intoxicated).

Accessing punitive damages can skyrocket your potential damage award.  If you are entitled to $100,000 in compensatory damages, for example, the punitive damages award under Florida law may be up to three times the compensatory damages amount (up to $500,000, except as provided in certain circumstances).  Many high-profile lawsuits involving multi-million dollar settlements involve punitive damages.

If you can show that the defendant was grossly negligent — and not ordinarily negligent — then you increase the likelihood that the court will award punitive damages, thus amplifying your recovery.

Understanding Gross Negligence

According to the Florida Statutes, section 768.72(2)(a), gross negligence is defined as “conduct that is so reckless or wanting in care that it constitutes a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.”

It can be difficult to parse out what constitutes gross negligence and whether punitive damages might be made available, but Florida courts have made various attempts to clarify its application.  The Florida Supreme Court in Chrysler Corp. v. Wolmer found that punitive damages for gross negligence could be awarded if there is egregious wrongdoing by the defendant to the extent that the defendant’s negligent conduct qualified as a public wrong.  To further clarify the level of gross negligence necessary to qualify for punitive damages, the Chrysler court noted that the defendant (who had designed and marketed a dangerous automobile) had exhibited a reckless disregard for human life that was equivalent to manslaughter.

Generally, any conduct by the defendant that is excessively reckless and/or that demonstrates a conscious disregard for others’ safety may qualify as gross negligence and potentially entitle injured persons to punitive damages.  Such conduct includes, but is not necessarily limited to intoxicated driving, inviting persons to property that features known, hidden dangers (and failing to warn of such dangers), and the manufacture of particularly unsafe products, among other things.

Attorney Randall Spivey and his team are ready to help you with your case. Contact the Spivey Law Firm, Personal Injury Attorneys, P.A., a Fort Myers injury law firm, today.  We will provide a free and confidential consultation to discuss your legal rights.