What is the Difference Between Compensatory and Punitive Damages?
You may be entitled to financial compensation if you have suffered an injury due to someone else’s negligence. Personal injury claims generally involve two main types of damages: compensatory and punitive. But what is the difference between compensatory and punitive damages?
Each serves a different purpose and may be awarded under different circumstances. Understanding these differences can help you determine what you may be entitled to after an accident in Jacksonville, Florida.
Compensatory Damages in Jacksonville Personal Injury Cases
Compensatory damages are meant to reimburse you for losses incurred due to an accident. The goal is to compensate you so that you are in the same position as you were before. Compensatory damages are divided into two categories: economic damages and non-economic damages.
Economic Damages
Economic damages compensate you for tangible financial losses after an accident.
They commonly include:
- Medical expenses: Compensation for past, present, and future medical costs related to your accident and injuries, including hospital stays, surgeries, medications, rehabilitation, and physical therapy.
- Lost wages: Compensation for lost income due to missed work if your injuries kept you home. You may also recover compensation for diminished earning capacity if an accident affects your ability to work in the same job as before.
- Property damage: Compensation to repair or replace property damaged in your accident.
Calculating economic damages involves gathering bills, receipts, pay stubs, and expert witness testimony to determine your total financial loss.
Non-Economic Damages
Non-economic damages compensate you for losses that do not have a direct financial cost but may still significantly impact your life.
They commonly include:
- Pain and suffering: Compensation for physical pain, suffering, and discomfort due to your injuries.
- Emotional distress: Compensation for anxiety, depression, or post-traumatic stress disorder (PTSD) attributed to your accident.
- Loss of enjoyment of life: Compensation for injuries that prevent you from engaging in activities you previously enjoyed.
- Loss of consortium: Compensation for your injuries’ negative effect on a relationship with your spouse.
Compensatory damages are the most common form of damages awarded in Florida personal injury cases, as they address your direct and indirect damages.
Punitive Damages in Jacksonville Personal Injury Cases
Punitive damages are not designed to reimburse you as compensatory damages do. Instead, they are awarded to punish the defendant and deter others from engaging in similar behavior to prevent harm to others.
Punitive damages in Florida are only available under specific conditions. You must show your injuries were caused by the defendant’s gross negligence or intentional misconduct.
For example, punitive damages may be awarded in cases involving:
- Drunk driving accidents: Punitive damages may be imposed as a punishment if a driver causes an accident while intoxicated.
- Nursing home abuse cases: Punitive damages may be awarded to deter future misconduct if a nursing home intentionally neglects or mistreats a resident.
- Defective product cases: Punitive damages may be awarded if a manufacturer knowingly sells a dangerous product without warning consumers.
A Jacksonville personal injury lawyer will need to evaluate the facts of your case to determine whether you may have a claim for punitive damages.
Limits on Punitive Damages in Florida
Florida law limits the punitive damages that can be awarded in most cases. Under Florida Statutes § 768.73, punitive damages are generally capped at three times the amount of compensatory damages or $500,000, whichever is greater. However, higher limits may apply if the defendant’s actions were particularly malicious or financially motivated.
You should not have to bear the financial burden alone if you have suffered an injury due to someone else’s negligence. An experienced Jacksonville personal injury lawyer can help you seek the compensation you deserve through compensatory or punitive damages.
Contact the Jacksonville Personal Injury Law Firm of Baggett Law Personal Injury Lawyers Today For Help
For more information, please contact the Jacksonville and Ponte Vedra personal injury law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Duval County, St. Johns County, and its surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167