Are Punitive Damages Available in an Auto Accident
Are Punitive Damages Available In A Florida Auto Accident Case?
Punitive damage claims may be awarded if the defendant was personally guilty of gross negligence or intentional misconduct.
Punitive damage claims are in addition to non-economic damages or economic damages. If a claimant is allowed to claim punitive damages, it can significantly drive up the value of a Florida injury case.
You most likely will not receive punitive damages in the following types of claims: cruise accidents, slip, trip and falls, or accidents at a business establishment.
In Florida, punitive damages in personal injury claims are generally limited to the greater of:
- Three times the amount of compensatory damages awarded to every claimant; or
- The sum of $500,000.
In Florida, the two most common situations where punitive damages claims may be awarded are if the tortfeasor driver was on a cell phone or drunk at the time of the crash.
Florida DUI crash cases
If a drunk driver causes your injury in a Florida car or truck accident, you may be able to make a claim for punitive damages. If a drunk driver's negligence caused your injury, then F.S. ยง768.73 does not limit any award of punitive damages. This is good for injured people.
If the Florida DUI accident victim is a witness in the criminal trial, it can increase the chances that he or she may make a punitive damage claim.
Can You Claim Punitive Damages from a Florida Uninsured Motorist Insurer from a Florida Car Accident?
No. Florida has a public policy that says that uninsured motorist (UM) insurance companies don't have to pay punitive damages.
Can You Claim Punitive Damages from another state's UM Insurer from a Florida Car Accident?
Maybe. For instance, punitive damages may be awarded under a Georgia UM insurance policy for a Georgia resident, although your auto accident happened in Florida, and Florida public policy prohibits payment of punitive damages under an insurance contract. Federal Ins. Co. v. National Distributing Co., Inc., 203 Ga.App. 763, 417 S.E.2d 671 (1992).
This is a big benefit for Georgia residents, who're injured in Florida if the careless driver did something that warrants punitive damages.
Punitive Damages Not Discharged in Bankruptcy
If your injury was caused by a drunk driver's negligence, you would still recover for punitive damages because they are not discharged in bankruptcy.
Can You Get Punitive Damages If The At-fault Driver Was Using A Cell Phone During The Car Accident?
Several courts in Florida have allowed punitive damage claims in cases involving drivers who caused a car accident while talking on a cell phone. Gaddis v. Hegler, 2011 WL WL2111801, at **3-5 (S.D. Miss. May 26, 2011) (speeding, ran the red light, and on a cell phone); McLane v. Rich Transp., Inc., 2012 WL 3257658, at **1-2, 5-7 (E.D. Ark. Aug. 9, 2012) (on a cell phone). Hoskins v. King, 676 F. Supp. 2d 441, 444-45, 449-51 (D. S.C. 2009) (on a cell phone and possibly adjusting radio); Howell v. Kusters, 2010 WL 877510, at **1-2 (Sup. Ct. Del. Mar. 5, 2010) (ran the red light and on a cell phone).
In addition to the above out-of-state precedents, most Florida courts have recognized cases involving drivers using cell phones are the type of circumstances that allow a plaintiff to claim punitive damages.
Himelwright v. Strouse, No. CACE 13-005635 13 (Fla. 17th Cir. Apr. 22, 2014) (on cell phone at the time of the crash); Breen v. Cruz, No. 13-CA-001489 (Fla. 20th Cir. Mar. 2, 2015) (on a cell phone and violated right of way at the time of the crash); Carlo v. McKee, No. 12-29626 CA 27 (Fla. 11th Cir. Jan. 15, 2014) (on cell phone at time of the crash); Buzaglo v. Williamson, No. 10-000219 05 (Fla. 17th Cir. Sep. 13, 2012) (on cell phone texting at the time of the crash); Turner v. Frye, No. 11-CA-009168-O (Fla. 9th Cir. Nov. 20, 2013) (on cell phone at the time of the crash); Gromlowicz v. A-One Utilities, Inc., No. 16-2009-CA-3184 (Fla. 4th Cir. Aug. 12, 2010) (on a cell phone and violated right of way); Jordan v. Taylor, No. 16-2010-CA-008710 (Fla. 4th Cir. June 28, 2012) (on a cell phone and driving too many hours at the time of the crash).
Some Florida courts have allowed claimants to claim punitive damages if the careless driver was on a cell phone at the time of the accident and caused injury to the claimant. For instance, if a witness testifies that the defendant driver was operating a large truck and talking on a cell phone at the time of the crash in Florida, the claimant may be allowed to pursue a punitive damage claim.
Bigger Injuries Generally Get Larger Punitive Damage Awards
Florida punitive damage awards are generally larger if the claimant's injuries are more severe. For instance, assuming the injured individual has a punitive damage claim, it will typically be larger if he or she has a broken femur in comparison to neck pain that disappeared after 4 to 6 weeks.