Seeking professional help in a Tampa, FL personal injury case is necessary. Especially while filing a personal injury case that calls for punitive damages. The cases for punitive damages are overly tricky, it is difficult to attain successful outcomes. Filing a conventional personal injury lawsuit differs from a punitive damages lawsuit.
Personal injury cases result in emotional damages, property damages, and physical damages to the victims. In 2019, approximately 48.3 million injuries were reported. An injury caused by the negligence of another individual may cost life to the victim. It is extremely painful to lose your loved ones in such tragic incidents. The severity of injuries varies according to the circumstances of each incident. Mild to severe injuries are suffered in personal injury cases. Usually, these cases lead to much worse conditions such as losing one’s job or becoming medically dependent. Furthermore, the family of the victim suffers equally down the road.
Punitive damages are awarded in nominal cases. In the jurisdiction of Florida, rare cases are financially compensated in terms of punitive damages in personal injury claims. Punitive damages are warranted in cases involving extreme behaviors exhibited by the defendant. It is paramount to understand what punitive damages are and which personal injury cases are eligible to attain punitive damages. More importantly, it is required to consult a skilled, personal injury attorney if you intend to file for a personal injury claim including punitive damages in Florida.
Tampa, FL Personal Injury Cases; What Are Punitive Damages?
It is imperative to accurately know about punitive damages before filing for punitive damages in a Tampa, FL personal injury case. Punitive damages are granted to the claimants to make an example of the defendant. For this reason, punitive damages are also known as exemplary damages. The concept allows providing additional damages above the actual loss in extreme situations including oppression, negligence, deceit, malice, defamation, and fraud. The defendants get the punishment so the extreme behavior is not repeated.
Punitive damages are levied to punish the defendant instead of compensating the aggrieved party. The damages are awarded in circumstances where the defendant’s behavior is considered intentional. In civil cases, punitive damages are granted if it is proven that the defendant earned the additional penalty.
Usually, the compensatory damages are paid by the insurance company whereas the punitive damages must be paid by the defendant. The damages are awarded considering the wealth of the defendant.
How Frequently Punitive Damages Are Granted in Florida?
Punitive damages are seldom provided in Florida for personal injury claims. Most of the punitive damage claims are rejected by the court. Usually, it’s granted as a warning to a specific company, industry, or individual to send a strong meaningful message in an attempt to protect the community from adverse actions. When the court considers the requirement of punishing an act so that specific action does not occur again, the financial compensation of punitive damages is applied.
How Do Tampa Personal Injury Attorneys Assess Punitive Damages?
Personal injury claims are independent of punitive damages despite both being included in the same lawsuit. If a person is granted punitive damages, then the damages are added to the conventional compensation in a personal injury claim.
The amount for punitive damages is dependent upon the compensation amount of the personal injury claim. The personal injury claim usually includes medical expenses and lost wages. Often, the punitive damages are consistent with the number of personal injury claims.
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It is vital to know that the state of Florida has implemented a cap on the amount of compensation given in the punitive damages category. The pre-determined cap is estimated to be around $500,000. In some cases, the cap is placed at an amount that is three times higher than the personal injury compensation damages. However, the judge can decide the amount according to the circumstances. But it cannot be higher than the cap amount.
Every case has its unique attributes. One size cannot fit all. And similarly, the decision is highly dependent upon the circumstances. Hiring a skilled attorney helps in easing the process and effectively filing the claim.
Our Tampa Bay personal injury attorneys will assist in gathering the required evidence for your Tampa, FL personal injury case. If you or your loved ones have faced an injury due to the negligence of another person, then professional support will increase the likelihood of maximum compensation. Consult our team to know whether you are eligible for filing a lawsuit in punitive damages and what will be the likelihood of your success.