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On June 20, 2019, a jury found a contractor 100 percent responsible for the brain injury a taxi driver suffered in a 2015 construction accident (Laguerre v Peachtree Property Sub LLC, et al., 17A64087).

The case dealt with a subcontractor who was performing demolition work when a pipe fell from a hotel’s fourth floor pool deck and struck him. The 52-year-old taxi driver was waiting at the hotel’s taxi stand. He contended the impact left him with severe headaches, vision problems, memory issues, depression and anxiety. The jury awarded the plaintiff compensatory and punitive damages.

This was a tragic accident, and many may wonder about the difference between compensatory and punitive damages.

What are compensatory damages?

Compensatory damages are designed to recover what plaintiffs lose because they are injured. The damages are awarded to help them return to the emotional and financial state they were in prior to an accident. Some of the most common compensatory damages are for medical expenses, lost wages, mental and emotional distress, and a loss of consortium.

What are punitive damages?

Punitive damages may occur less often, are awarded by the presiding judge to discourage the guilty party from committing the same action(s) in the future, and are designed as a punishment. Some of the most common punitive damage awards cover court reporter fees, costs of exhibits, reproduction fees, fees of legal experts and other miscellaneous expenses.

Under Florida Statute 768.73, punitive damages are set on the basis of the compensatory damages awarded. According to 768.73 2(b), it must be determined “that the wrongful conduct proven under this section was motivated solely by unreasonable financial gain and determines that the unreasonably dangerous nature of the conduct, together with the high likelihood of injury resulting from the conduct, was actually known by the managing agent, director, officer, or other person responsible for making policy decisions on behalf of the defendant.”

“We at Spivey Law Firm, Personal Injury Attorneys, P.A. have more than 20 years experience assisting injured clients in obtaining compensatory and punitive damages. One such jury verdict awarded a Naples, Florida car accident victim who suffered serious back injuries in a car accident when a drunk driver crossed the center line and struck her car. For more information, please click on Settlements & Verdicts,” said Fort Myers Brain Injury Attorney Randall Spivey. “If you or a loved one has been injured, please contact our firm. We are available 24/7, and there are no costs or attorney fees unless we make a monetary recovery for you.”

Fort Myers Brain Injury Attorney  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.