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Compensatory Damages Vs. Punitive Damages In Tampa
When you’re involved in a personal injury case, the damages you may be entitled to are various forms of damages. Two common types of damages that often come up in Florida law are compensatory damages and punitive damages. If you’re in Tampa and facing a situation where you need to seek these damages, understanding the distinction between these damages is crucial, as it can significantly affect your compensation.
With the help of a Tampa personal injury lawyer by your side, you can rightly determine the value of these damages to ensure you get the compensation you’re entitled to. Reach out to our firm today to gain insights into your damages and get a detailed evaluation of your potential compensation.
Florida Law On Compensatory And Punitive Damages
Compensatory damages are intended to restore and make the accident victim “whole” again. This means covering the costs of accident-related things such as:
- Medical expenses
- Lost earnings
- Property damage
- Loss of consortium
- Emotional distress
- Loss of enjoyment of life
- Lost ability to work
In Florida, compensatory damages are strictly meant to cover the actual loss suffered by the plaintiff, ensuring they aren’t financially disadvantaged due to the injury.
On the other hand, punitive damages in Florida serve a different purpose. Unlike compensatory damages, which aim to reimburse the victim, punitive damages aim to penalize the defendant for grossly reckless negligence.
According to Florida law, punitive damages are only awarded when the defendant’s actions are deemed intentionally harmful. Moreover, Florida limits the amount of punitive damages, generally capping them at $500,000 or three times the compensatory damages amount, whichever is greater Florida Statutes 768.73.
If the defendant acted for financial gain, the cap could increase to either four times the compensatory damages or $2 million, whichever is higher. To secure punitive damages, you must provide proof that the defendant’s actions were intentional or grossly negligent.
While both compensatory and punitive damages involve civil cases, the former are more common and easier to obtain. This is because they simply reflect the measurable costs you’ve incurred. Punitive damages are rarely awarded, as they require a higher burden of proof regarding the defendant’s behavior.
How Can A Lawyer Help In Securing Both Damages?
When pursuing a legal claim in Tampa, having an experienced lawyer is crucial, especially in cases involving compensatory and punitive damages. An attorney can help you accurately calculate compensatory damages to cover all your costs, including future medical needs or lost earnings. They also know how to present a compelling case for punitive damages when the defendant’s conduct crosses the line into reckless or malicious behavior.
Moreover, navigating Florida’s specific laws regarding damage caps, legal procedures, and evidentiary requirements can be complex. A personal injury lawyer familiar with local Tampa laws knows how to maximize your compensation while adhering to the state’s limitations on punitive awards.
Contact A Tampa Personal Injury Lawyer For Professional Assistance
If you’re seeking compensation for damages in Tampa, the legal team at Mickey Keenan can help you obtain fair compensation. We have extensive experience in personal injury cases, and we know how to fight for both compensatory and punitive damages. We will assess the value of both damages to ensure you seek the most adequate compensation possible. Contact us today to learn how we can help you recover compensatory damages and, where applicable, punitive damages.