Pursuing Punitive Damages in Florida TBI Lawsuits Criteria and Challenges

If you or a loved one is dealing with a traumatic brain injury (TBI) caused by someone else’s actions, it is likely that you are experiencing confusion, pain, and worry about the future. You may be unsure about how to handle the financial, emotional, and physical toll that comes with such an injury. At our law firm, we understand that this is a difficult time, and we are here to offer guidance and support. We are committed to helping you pursue justice and compensation, including the possibility of seeking punitive damages in your TBI lawsuit.

Punitive damages are not awarded in every case, but they may be an option if the actions of the responsible party were particularly reckless, malicious, or harmful. In Florida, understanding the criteria for pursuing these damages and the challenges involved can make a significant difference in your case. This blog will walk you through what punitive damages are, when they may apply, and how we can assist you in seeking a favorable result for your TBI lawsuit.

What Are Punitive Damages and When Are They Awarded

Punitive damages are a type of compensation awarded in legal cases to punish the defendant for particularly egregious behavior and to deter others from engaging in similar conduct. Unlike compensatory damages, which are meant to cover the victim’s medical bills, lost wages, and pain and suffering, punitive damages go beyond these to hold the wrongdoer accountable for their actions.

In the case of traumatic brain injuries, punitive damages may be pursued if the party responsible for the injury acted with a high degree of negligence or malicious intent. For example, if the injury was caused by an intentional act, extreme recklessness, or gross negligence, the court may find that the responsible party should be punished beyond just compensating for the victim’s losses.

Florida law allows for punitive damages in certain personal injury cases, including those involving traumatic brain injuries. However, the decision to award punitive damages is not automatic and must meet certain criteria. One of the key factors that must be proven is that the defendant acted with a level of negligence or malice that goes beyond ordinary carelessness. This could involve actions like driving under the influence of alcohol or drugs, deliberately causing harm, or engaging in behavior that shows a complete disregard for the safety and well-being of others.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

The Criteria for Pursuing Punitive Damages in Florida TBI Lawsuits

When seeking punitive damages in a Florida TBI lawsuit, it is important to understand the specific criteria that must be met. Florida law has strict rules regarding what qualifies for punitive damages, and it is essential to build a strong case that satisfies these requirements.

One of the first things that must be demonstrated is that the defendant’s actions were intentional or grossly negligent. Gross negligence refers to behavior that goes beyond simple carelessness or a mistake, such as driving while impaired by drugs or alcohol. In these situations, the defendant’s actions were so reckless that they showed a complete disregard for the safety of others.

Additionally, Florida law requires that the plaintiff provide clear and convincing evidence to support the claim for punitive damages. This is a higher standard of proof than what is required for general negligence cases. The evidence must show that the defendant’s conduct was not just careless, but egregiously harmful.

Another key factor in pursuing punitive damages is the financial status of the defendant. In some cases, the court may take into account the defendant’s ability to pay when determining the amount of punitive damages to award. This ensures that the punishment fits the severity of the wrongdoing and can serve as an effective deterrent.

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Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

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Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

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I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

The Challenges in Pursuing Punitive Damages

While punitive damages can be an important part of a TBI lawsuit, it is important to recognize the challenges involved in pursuing them. Securing punitive damages is not easy, and many factors can complicate the process.

One of the biggest challenges is the need for strong evidence to prove that the defendant acted with malicious intent or gross negligence. Simply showing that the defendant was at fault for the injury may not be enough to justify an award for punitive damages. It is often necessary to gather additional evidence, such as witness statements, accident reports, expert testimony, or even video footage, to demonstrate the severity of the defendant’s actions.

Additionally, the defendant’s legal team will likely fight against any attempt to secure punitive damages. They may argue that their client did not act with malice or gross negligence, or they may attempt to reduce the financial penalty by claiming that it is disproportionate to the defendant’s conduct. This means that having a skilled attorney on your side is crucial for building a strong case and fighting for the compensation you deserve.

Another challenge in pursuing punitive damages is the potential for caps on the amount that can be awarded. Florida law places limits on how much a plaintiff can receive in punitive damages in some cases. For example, the amount may be limited to three times the amount of compensatory damages or $500,000, whichever is greater. These caps can reduce the financial impact of a successful lawsuit, making it essential to carefully consider the potential benefits and risks of pursuing punitive damages.

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How Our Firm Can Help You Pursue Punitive Damages

If you or a loved one has suffered a traumatic brain injury due to someone else’s actions, you need an attorney who understands the legal complexities of pursuing punitive damages in Florida. At our firm, we are committed to helping victims of TBI accidents achieve the best possible outcome for their case. We take the time to listen to your story, evaluate the details of your case, and gather the evidence necessary to support your claim for punitive damages.

Our team understands the challenges involved in pursuing punitive damages, and we are prepared to navigate the legal process on your behalf. We work tirelessly to build a strong case that not only holds the responsible party accountable but also ensures that you receive the financial compensation you deserve for your injuries. From gathering evidence to presenting your case in court, we will be there every step of the way to fight for your rights.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

Get the Legal Help You Deserve

If you are facing the aftermath of a traumatic brain injury and are considering pursuing punitive damages, it is essential to have a trusted legal team on your side. Our firm is here to help you through this challenging time and to ensure that your case is handled with the care and attention it deserves. With our experience and dedication, we can work to secure the compensation you need to rebuild your life and move forward.

At Serrano Law, we understand the difficulties that come with a traumatic brain injury and the complexities of pursuing punitive damages. We are here to support you, and we are ready to fight for a successful outcome in your case. Contact us today to schedule a consultation and learn more about how we can help you get the justice and compensation you deserve.

To learn more about this subject click here: Florida TBI Claims: Statute of Limitations and Timely Filing Explained