After an accident, an injured victim may be entitled to recover a few different types of damages. Damages are a type of remedy used by the civil court system to make the injured victim whole again. Exemplary damages are a special type of damages that are only awarded in rare cases.
Keep reading below to learn more about what exemplary damages are and when you may be able to recover them.
What Is the Purpose of Exemplary Damages?
Most damages awarded to a victim after an accident are intended to compensate that victim for some loss. However, exemplary damages are considered non-compensatory. This is because they are used to punish the wrongdoer for their behavior.
In addition to a victim’s compensatory damages, courts may award exemplary damages to discourage similar misconduct in the future. Exemplary damages can be used as a matter of public policy to help prevent similar types of accidents from happening. These damages serve to prevent both the defendant and others from engaging in similar conduct in the future.
When Are Exemplary Damages Available in Florida?
Exemplary damages are not available in all personal injury cases in Florida. In fact, they are rarely awarded. These damages are reserved for cases involving the most egregious or outrageous conduct. A victim may not even proceed with a claim for exemplary damages unless there is a “reasonable showing” of evidence that supports their claim.
To obtain an award of exemplary damages, a victim must show by clear and convincing evidence that the defendant was guilty of intentional misconduct or gross negligence.
Intentional misconduct occurs when a defendant knows their actions are wrong and also knows there is a high likelihood of injury. Despite this knowledge, they choose to act anyway and harm the victim.
Gross negligence happens when the defendant is so reckless that they consciously disregard the life, safety, or rights of others exposed to their conduct. Driving under the influence, for example, may be considered gross negligence. Despite the high probability of causing a car accident and injuring an innocent victim, the decision is made to drive.
Are There Any Limits or Caps on Exemplary Damages?
Many states place caps on the amount of exemplary damages that may be awarded in personal injury cases. Florida is one of those states that caps the amount of exemplary damages that may be awarded in most cases.
Generally, Florida law caps exemplary damages to the greater of:
- Three times the compensatory damages in the case, OR
- $500,000.
However, there are some exceptions to these caps. In cases where the judge or jury finds that the defendant’s conduct was motivated solely by financial gain, the limits increase to the greater of:
- Four times the compensatory damages, OR
- $2,000,000.
Additionally, when the case involves intentional conduct, the cap is removed altogether. This means there is no limit on the amount of exemplary damages that may be awarded for intentional torts, such as assault, battery, or false imprisonment.
Other Types of Damages Available in Florida Personal Injury Cases
While exemplary damages are rare, almost all personal injury cases in Florida include economic and non-economic damages. Economic damages are used to compensate victims for their financial losses, while non-economic losses compensate victims for their physical and emotional losses.
Some common examples of these losses include:
- Medical bills
- Lost wages
- Lost benefits
- Property damage
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Diminished quality of life
- Loss of love and companionship
Putting an accurate value on damages is crucial to getting all the compensation you deserve after an accident. An experienced personal injury lawyer can help you properly value all your damages to ensure that you get a full and fair recovery for all your injuries.
What Type of Evidence Is Used to Prove Exemplary Damages?
More evidence is needed to prove exemplary damages than to prove simple negligence. To win these damages, you must prove the defendant’s conduct by clear and convincing evidence.
The types of evidence that may be used to prove this conduct span a wide range of items, such as:
- Photos
- Text messages
- Phone calls or call logs
- Video surveillance
- Witness testimony
- Expert witnesses
- Testimony of the victim and defendant
The Florida Rules of Evidence govern which pieces of evidence may be used in your case. Typically, the more evidence you have, the higher your chances of success with your claim. An experienced lawyer can help you gather the necessary evidence to prove your case.
Contact Baggett Law Personal Injury Lawyers for a Free Consultation With a Jacksonville Personal Injury Lawyer
After an accident, do not let the insurance company take advantage of you with a lowball settlement. Although exemplary damages are rare, the value of these damages can be significant. Contact the experienced team at Baggett Law Personal Injury Lawyers today for a free consultation. Our Jacksonville personal injury lawyers can help you determine all the damages you may be entitled to.
