Randall Spivey
In Florida, punitive damages can be awarded in DUI accident cases in certain circumstances. Generally, a victim of a drunk driving car accident is entitled to sue the person responsible for his or her injuries. In personal injury cases, this compensation is known as damages. There are a number of things harmed individuals need to know with regard to punitive damages.
Compensatory damages are designed to do just what the name suggests: compensate the victim for his or her personal injuries and losses incurred as a result of the drunk driver’s actions.
Examples of compensatory damages include:
• Medical expenses
• Lost wages
• Loss of earning capacity
• Property damage
• Emotional distress
• Pain and suffering
Punitive damages, on the other hand, are awarded as a way to punish the drunk driver for their bad behavior. They are also supposed to deter others from engaging in a similarly reckless or egregious manner.
Not every state allows for punitive damages. Florida is one of the states that does provide for punitive damages, but only under certain circumstances.
In order for an injured party to be awarded punitive damages, it must be shown that the person who injured them was either grossly negligent or engaged in intentional misconduct.
Gross negligence occurs when someone engages in behavior that is so careless or reckless that the behavior on its own shows the person was indifferent to another person’s life and safety. Intentional misconduct occurs when a person knew that their dangerous behavior was likely to cause injury.
Jurors, in a case where punitive damages are sought, are asked to find that the person:
• Engaged in conduct that was so egregious that it showed a complete disregard for human life or the safety of others; or
• Behaved in a way that demonstrated indifference toward the consequences of their actions and/or a complete lack of care; or
• Engaged in actions that showed a reckless or wanton disregard for public welfare; or
• Was so recklessly indifferent to the rights of others that it was as if he or she acted intentionally to violate those rights.
Florida courts have ruled in the past that the voluntary act of getting behind the wheel while intoxicated is sufficiently reckless to constitute punitive damages.
If you have been injured by someone driving under the influence of alcohol or drugs, you deserve to be compensated for all of your injuries, including your pain and suffering. Your life may be forever changed because another person decided to behave in a way that caused you harm without considering how their choice could alter your life.
It is the job of a personal injury attorney to help you receive all the compensation you deserve. It is also the job of a personal injury attorney to help you see that justice is done and that you receive the largest award possible. A seasoned DUI accident attorney will be able to advise you, based on your specific case, if punitive damages are likely.
The Spivey Law Firm, Personal Injury Attorneys, P.A., is a personal injury law firm dedicated to representing people and their families who have suffered from injury or death caused by the fault of...
