In society to prove a representative inwards main for negligence, a personal injury plaintiff must attempt out damages. Specifically, the plaintiff must endure able to attempt out that the injuries too damages that he or she sustained were straight too proximately caused yesteryear the negligence of the accused or defendants. In to a greater extent than or less of the most serious too egregious personal injury cases, punitive damages may endure available to compensate an injured plaintiff inwards improver to the commons economical too noneconomic damages.
If you lot possess got sustained personal injuries every bit a resultant of someone else’s negligence, thence you lot may endure entitled to monetary recovery nether Florida law. Influenza A virus subtype H5N1 Florida personal injury lawyer may endure able to assist you lot amongst obtaining monetary compensation, including punitive damages, against a responsible accused or defendants.
Definition of Punitive Damages Under Florida Law
Under Florida law, inwards society to assert a claim for punitive damages, a personal injury plaintiff must get-go brand a proposition that demonstrates a ‘reasonable basis’ for recovering the punitive damages inwards a item case. In a nutshell, punitive damages are awarded to a personal injury plaintiff inwards society to punish the accused too to discourage like comport yesteryear other tortfeasors inwards hereafter like cases.
Generally, punitive damages are available entirely inwards personal injury cases where gross negligence or acts of intentional misconduct were committed yesteryear the defendant. The Florida statutes define "intentional misconduct" every bit follows:
- Situations where the accused had actual cognition of the wrongfulness of the comport involved; and
- Situations where the defendant, despite that knowledge, intentionally pursued a sure as shooting course of report of misconduct, thereby resulting inwards serious injuries too damages to the personal injury plaintiff
Under most circumstances, punitive damages cannot overstep the greater of 3 times the amount of compensatory damages or the amount of $500,000.00.
In cases where punitive damages are available to a personal injury plaintiff, the plaintiff may endure able to recover those damages inwards improver to other types of monetary damages, such every bit economical too noneconomic damages. In other words, when they are available, punitive damages are made a business office of a personal injury plaintiff's full recovery inwards the case.
Other Types of Damages Available to Personal Injury Plaintiffs
In improver to punitive damages (when they are available), an attorney may endure able to aid a plaintiff recover both economical too noneconomic damages. Economic damages are those types of damages – such every bit compensation for medical bills, physical therapy bills, too lost payoff – that may readily endure calculated inwards damage of dollars too cents.
Noneconomic damages, on the other hand, are much to a greater extent than hard to calculate because they cannot endure measured exactly. Noneconomic damages compensate a personal injury plaintiff for hurting too suffering too other intangibles. An experienced New Port Richey personal injury lawyer may every bit good endure able to assist personal injury plaintiffs amongst obtaining to a greater extent than or less or all of the next types of economical too noneconomic damages:
- Compensation for all related medical too physical therapy bills too expenses
- Compensation for all fourth dimension missed from move too lost wages, including fourth dimension missed from move for attention medical appointments too recovering from injuries sustained inwards an accident
- Compensation for past, present, too hereafter hurting too suffering
- Compensation for past, present, too hereafter mental anguish
- Compensation for causally related psychological or psychiatric treatment
- Compensation for permanent injuries too impairment
- Compensation for loss of earning capacity inwards cases of permanent impairment
- Compensation for loss of companionship, consortium, and/or household unit of measurement support
- Compensation for hereafter medical care, including hereafter medical procedures too surgeries
- Wrongful guide house away benefits, when applicable
The Benefits of Hiring a Clearwater Personal Injury Lawyer
In improver to gathering all necessary medical records too bills, litigating your personal injury case, too representing you lot at depositions too at trial, an experienced personal injury attorney may every bit good endure able to assist you lot amongst your representative inwards to a greater extent than or less or all of the next ways:
- Taking the necessary legal actions too making the necessary proposition to claim punitive damages inwards your personal injury case
- Negotiating short town offers amongst insurance adjusters too other insurance companionship representatives, helping you lot to maximize your monetary recovery inwards damage of both economical too noneconomic damages
- Making recommendations virtually whether to possess got a short town offering or whether to larn to trial
- Exploring alternatives to trial, including alternative dispute resolution options, such every bit mediation too arbitration
- Filing suit against all potential defendants inside the proper fourth dimension menstruum (i.e. the statute of limitations), inwards order to maximize fiscal recovery inwards a personal injury case
- Representing a personal injury plaintiff during litigation too upwards through mediation, arbitration, or jury trial
Contact Dolman Law Group Today to Discuss Your Case
Our personal injury lawyers volition possess got the necessary legal skills too expertise to arrive at upwards one's hear whether punitive damages too other types of recovery are applicable to your case. If so, your attorney tin convey the necessary legal actions to maximize your recovery too aid you lot obtain the compensation you lot require too deserve.
You should ever recollect that, to a greater extent than oft than non speaking, insurance companies too their adjusters are non on your side. They are typically to a greater extent than interested inwards safeguarding their ain money, limiting their ain liability exposure, too ensuring that every bit piffling coin every bit possible is paid out inwards satisfaction of your personal injury claim.
Insurance companionship adjusters typically offering rattling piffling short town coin at the onslaught of a personal injury case, too it is almost guaranteed that they volition non reckon the possibility of punitive damages correct off the bat. In many cases, adjusters volition non fifty-fifty position a decent short town offering on the tabular array until long later a lawsuit has been filed too uncovering has been completed too exchanged yesteryear the parties to the case.
The skilled legal squad at Dolman Law Group volition possess got the necessary legal expertise to effectively negotiate amongst the insurance adjuster too aid you lot obtain the monetary compensation too damages you lot are entitled to nether the law. To schedule a gratis consultation or representative evaluation amongst our personal injury lawyers, delight telephone outcry upwards us at 727-451-6900 or contact us online.
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