Howard Coker | April 28, 2025 | Personal Injury
If you’ve been injured in an accident in Florida, you might be entitled to seek compensation. However, not all damages awarded in personal injury cases are the same. Generally, there are two main categories: compensatory damages and punitive damages. Learning about the difference between the two can help you know what to expect from your legal claim.
Until you can speak with a personal injury lawyer about the specifics of your case, here’s a closer look at how Florida law treats compensatory and punitive damages.
What Are Compensatory Damages?
Compensatory damages are meant to make the injured party “whole” again. In other words, they are designed to reimburse you for the losses you suffered because of the accident. Florida law allows accident victims to seek compensation for a wide range of damages after an injury.
There are two types of compensatory damages: economic and non-economic.
Economic damages cover your direct financial losses, such as:
- Medical bills
- Lost wages
- Future medical expenses
- Loss of earning capacity
- Property damage
- Out-of-pocket expenses
Economic damages are usually supported by documents like medical records, pay stubs, and repair estimates.
Non-economic damages cover intangible losses you experience, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
- Loss of companionship
Non-economic damages are harder to calculate because they don’t come with bills or receipts. However, they are just as important as economic damages in Florida personal injury law.
What Are Punitive Damages?
Punitive damages are different, as they are not intended to compensate you for a loss. Instead, they are awarded to punish the defendant for bad behavior and deter others from doing the same thing.
Under Florida law, punitive damages are only available in specific cases. You must prove that the defendant acted with gross negligence or intentional misconduct. Simply being careless isn’t enough to warrant punitive damages.
For example, punitive damages might be available if the defendant:
- Was drunk driving at the time of the accident
- Intentionally harmed you
- Acted with reckless disregard for your safety
Punitive damages are rare compared to compensatory damages. Most personal injury claims do not involve them.
Are There Limits on Damages in Florida?
Florida law generally does not limit compensatory damages in personal injury cases. However, some exceptions exist in specific cases, such as certain medical malpractice lawsuits.
Under Florida law, punitive damages are capped at three times the amount of compensatory damages or $500,000, whichever is greater.
There are exceptions that allow for higher punitive damages if the defendant’s behavior was especially egregious, such as when they intentionally tried to harm someone.
How Are Damages Proven in a Florida Personal Injury Case?
To successfully claim compensatory damages, you’ll generally need strong evidence of negligence showing:
- The other party owed you a duty of care.
- They breached that duty.
- Their actions caused your injury.
- You suffered actual losses.
Evidence might include medical records, accident reports, expert testimony, and witness statements. The burden of proof standard for economic and non-economic damages is “by a preponderance of the evidence.”
If you’re seeking punitive damages, the bar is much higher. You must provide “clear and convincing evidence” that the defendant’s actions went beyond ordinary negligence. This usually involves gathering extensive documentation, expert opinions, and other strong proof.
A Personal Injury Lawyer Can Help You Understand and Pursue Damages
Florida personal injury law can be complicated. The type of damages you can seek and the amount you may be awarded depend heavily on the facts of your case.
An experienced attorney can evaluate your injuries, calculate your damages, gather the necessary evidence, and present a strong case on your behalf. They can also help you decide whether pursuing punitive damages makes sense based on the circumstances.
Contact The Personal Injury Law Firm of Coker Law Personal Injury Lawyers For a Free Consultation
For more information, please contact the Jacksonville personal injury law firm of Coker Law Personal Injury Lawyers and schedule a free consultation today.
We serve Duval County and its surrounding areas.
Coker Law Personal Injury Lawyers
136 E Bay St #5438
Jacksonville, FL 32202
(904) 356-6071
Find us with our Geo Coordinates: 30.32569719086265, -81.65515220132858
