Florida stands out as one of the few states in the U.S. that doesn’t impose caps on economic damages when calculating personal injury awards. Economic damages, often referred to as compensatory damages, aim to reimburse the victim for financial losses incurred due to the accident. These may encompass loss of income, medical bills for injuries caused by the accident, and the costs of non-medical care arising from conditions caused by the accident. In essence, victims in Florida have the opportunity to be fully compensated for the financial impact of an accident.

Florida’s courts also largely do not apply caps to most non-economic damages. Non-economic damages encompass a range of intangible losses, including punitive damages, pain and suffering, mental anguish, emotional distress, humiliation, loss of enjoyment of life, damage to reputation, and loss of consortium. Of these only punitive damages are capped in Florida.

Punitive Damages: Understanding the Limits

Punitive damages serve a unique purpose—they are not meant to compensate the victim for expenses incurred due to the accident but rather to penalize the defendant for egregious actions leading to the injury. In Florida, there is a cap on punitive damages in personal injury cases, set at no more than three times the victim’s compensatory damages or $500,000, whichever amount is higher.

This cap amount is related to the compensatory damages only, and does not take into consideration any non-economic damages awarded. So as an example, someone awarded $2,000,000 to compensate for medical expenses and loss of income and $2,000,000 for pain and suffering and mental anguish will have their punitive damages capped at $6,000,000. Such an individual will thus be awarded a total of $10,000,000.

Appealing Punitive Damages in Court

When a court in Florida awards punitive damages in a personal injury case, it’s not necessarily the end of the road. Both defendants and plaintiffs have the right to appeal punitive damages, a process that involves a careful examination of the awarded amount. In the state of Florida, this appeal can lead to the court affirming the award, reducing it through remittitur, or even increasing it with additur.

“…victims in Florida have the opportunity to be fully compensated for the financial impact of an accident.”

Defendants may appeal punitive damages on the grounds of excessiveness, arguing that the awarded amount is unreasonably high. On the other hand, plaintiffs can also appeal, contending that the punitive damages are insufficient given the circumstances of the case. This appeals process introduces an additional layer of scrutiny to ensure fairness and justice.

The decision-making process during an appeal is guided by Florida Statute 768.74, which outlines five criteria that the court must consider:

(1) Prejudice, Passion, or Corruption:

Assess whether the awarded amount suggests bias, strong emotion, or corruption on the part of the judge or jury.

(2) Ignoring Evidence or Misconceiving Merits:

Examine if it seems like the judge or jury ignored evidence or misunderstood the strengths and weaknesses of the case concerning the damages.

(3) Improper Elements or Speculation:

Investigate whether the judge or jury considered inappropriate factors in determining damages or arrived at the amount through guesswork.

(4) Reasonable Relation to Injury:

Determine if the awarded amount reasonably correlates with the damages proven and the harm suffered by the plaintiff.

(5) Evidence Support and Logical Presentation:

Scrutinize whether the awarded amount is backed by evidence and could be reasonably explained by logical individuals.

The Importance of an Attorney

Personal injury victims may be eligible for substantial compensation covering medical expenses, loss of work, and pain and suffering. Attempting to navigate this process alone can be challenging; partnering with an experienced personal injury attorney substantially increases the chances of securing just compensation. Compensation can result from a settlement or court decision in favor of the victim. Insurance companies are notorious for making initial settlement offers that are far below the levels of just compensation possible if the case were to go to court.

Due to financial hardship, many accident victims accept lowball initial offers made by insurance companies, corporations or wealthy individuals. An experienced personal injury attorney can objectively advise on the suitability of such offers and whether it makes strategic sense to take a case to court rather than accept the offer.

South Florida Law

For those facing the aftermath of a car accident, partnering early with an experienced personal injury attorney is a wise decision. The attorneys at South Florida Law can manage the complexities of the legal system for you, fighting for you to receive just compensation for your physical, emotional, and financial hardships. If you are worried about the cost of an attorney, you will be pleased to hear that we will not charge you for our services unless we win your case.