[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.cardosolawyer.com\/blog\/punitive-damages-in-florida\/#BlogPosting","mainEntityOfPage":"https:\/\/www.cardosolawyer.com\/blog\/punitive-damages-in-florida\/","headline":"Understanding Punitive Damages in Florida","name":"Understanding Punitive Damages in Florida","description":"In some personal injury cases, the defendant\u2019s actions are so egregious that we will ask the court to award our client punitive damages on top of other compensation for their losses. A jury may award punitive damages to punish the defendant and deter others from similar acts. Punitive damages, also known as \u201cexemplary damages,\u201d are […]","datePublished":"2025-03-18","dateModified":"2026-03-17","author":{"@type":"Person","@id":"https:\/\/www.cardosolawyer.com\/blog\/author\/cardoso-law\/#Person","name":"Cardoso Law, PLLC","url":"https:\/\/www.cardosolawyer.com\/blog\/author\/cardoso-law\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/63df9f6403c86b0a543f9f8e42ac7842db712a81991de5cc60be777fe840ae0f?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/63df9f6403c86b0a543f9f8e42ac7842db712a81991de5cc60be777fe840ae0f?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Cardoso Law, PLLC","logo":{"@type":"ImageObject","@id":"https:\/\/www.cardosolawyer.com\/wp-content\/uploads\/2022\/10\/logo.svg","url":"https:\/\/www.cardosolawyer.com\/wp-content\/uploads\/2022\/10\/logo.svg","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.cardosolawyer.com\/wp-content\/uploads\/2025\/03\/Cardoso-Blog-Template-1.png","url":"https:\/\/www.cardosolawyer.com\/wp-content\/uploads\/2025\/03\/Cardoso-Blog-Template-1.png","height":660,"width":1000},"url":"https:\/\/www.cardosolawyer.com\/blog\/punitive-damages-in-florida\/","about":["Auto Accidents","Motorcycle Accidents","Personal Injury","Premises Liability","Slip and Fall Accidents","Trip and Fall Accidents","Truck Accidents"],"wordCount":679,"articleBody":"In some personal injury cases, the defendant\u2019s actions are so egregious that we will ask the court to award our client punitive damages on top of other compensation for their losses. A jury may award punitive damages to punish the defendant and deter others from similar acts.Punitive damages, also known as \u201cexemplary damages,\u201d are meant to be rare but, when awarded, may be substantial.If you have suffered injuries due to someone else\u2019s intentional misconduct or gross negligence in Florida, you may be able to pursue a personal injury claim and demand punitive damages in addition to compensatory damages. A Pensacola personal injury attorney from Cardoso Law can assess your injuries, losses, and a potential claim in a free initial consultation, and then can pursue appropriate legal action for you.Our legal team has helped countless injury victims like you in the Florida panhandle obtain justice after accidents. To quote from one of our testimonials:Ryan is a fantastic attorney with experience, grit, and integrity. We feel absolutely blessed to have the opportunity to have his guidance, counsel, and professionalism in law. His team was responsive, kind, and thorough. 10\/10 will recommend to anyone in need of an attorney. Thank you, Ryan!– Dana W. (5 Star Review)\u00a0Reach out today to find out if the act that injured you constituted gross negligence.Florida\u2019s Punitive Damages LawsFlorida law establishes the availability of and rules regarding punitive damages in civil lawsuits in Florida Statutes \u00a7768.32 to \u00a7768.73.To claim punitive damages, the plaintiff (injured party) in a lawsuit must present \u201cclear and convincing evidence\u201d that the defendant was \u201cpersonally guilty of intentional misconduct or gross negligence,\u201d which caused the plaintiff\u2019s injuries.\u201cIntentional misconduct\u201d means the defendant knew their conduct was wrong and that there was a high probability it would result in injury or damage to the plaintiff, and despite that knowledge, intentionally pursued that course of conduct.\u201cGross negligence\u201d means the defendant\u2019s conduct was so reckless or lacking in care that it constituted a conscious disregard or indifference to the life, safety, or rights of anyone exposed to it.\u201cClear and convincing evidence\u201d demonstrates that the claim is highly and substantially more likely to be true than untrue. This is a medium-level burden of proof that is more rigorous than \u201ca preponderance of the evidence\u201d (more likely true than not) but less rigorous than \u201cbeyond a reasonable doubt,\u201d which is the standard in criminal cases.How Are Punitive Damages Calculated In Florida?In most cases, punitive damages may be up to three times the amount of compensatory damages (i.e., economic damages for medical expenses, property damages, lost wages, etc.) awarded in the lawsuit, up to $500,000.However, suppose the jury finds sufficient evidence that the defendant\u2019s wrongful conduct \u201cwas motivated solely by unreasonable financial gain,\u201d and the defendant knew how dangerously they were acting. In that case, punitive damages may be four times the amount of compensatory damages awarded, up to $2 million.If the jury finds that the defendant had a specific intent to harm the plaintiff, there is no \u201ccap\u201d or limit on the amount of punitive damages that may be awarded.The Process of Seeking Punitive Damages in FloridaFlorida has a two-step process for obtaining punitive damages in a personal injury lawsuit:At a hearing, the plaintiff must put forward evidence that there is \u201ca reasonable basis for recovery\u201d of punitive damages, at which point a claim for punitive damages may be added to the lawsuit.At trial, the plaintiff must present \u201cclear and convincing evidence\u201d that leads the jury to determine that the defendant was \u201cpersonally guilty of intentional misconduct or gross negligence.\u201dContact Our Pensacola Personal Injury Attorney For HelpIf you have been seriously injured by someone else\u2019s negligence, Cardoso Law, PLLC, wants to make things right for you. We\u2019ll demand full and fair compensation for you, including punitive damages, if your injuries were due to intentional misconduct or gross negligence.Schedule a free consultation with our Pensacola personal injury lawyer by calling us or contacting us online."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.cardosolawyer.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Understanding Punitive Damages in Florida","item":"https:\/\/www.cardosolawyer.com\/blog\/punitive-damages-in-florida\/#breadcrumbitem"}]}]