What are Punitive Damages in Florida

In Florida, if you are hit by a drunk driver, you can sue for the damages and injuries that were sustained as part of the accident, but you may also be entitled to punitive damages.

Punitive damages are designed to punish an individual for their bad actions and deter others from making similar bad decisions or actions.

Florida Courts, Drunk Driving Accidents, and Punitive Damages

Courts throughout Florida have consistently upheld decisions awarding punitive damages to the victims of drunk drivers.

While punitive damages may not be collectible against the drunk drivers’ insurance policy, insurance companies usually make higher settlement offers to avoid going to trial when there is the potential of a punitive damages award. Insurance companies don’t want to proceed to trial on these types of claims because they know that the injured party will be able to show the jury all of the evidence regarding the bad acts made by the defendant. A jury is not allowed to know whether there is insurance or not, so this usually leads to a higher verdict since the jury may sympathize with the Plaintiff.

Punitive damages typically strike fear into defendants and insurance companies alike. Insurance companies know that there is the risk of a large verdict if the case proceeds to go to trial, and typically, insurance companies do not like risk. If you are hit by a drunk driver, know your rights and know your options. Don’t settle with the insurance company before you speak to an experienced car accident injury attorney. We have seen many cases where the insurance company makes a quick low ball offer immediately after the accident in an attempt to try to avoid paying you the compensation that you properly deserve.