Punitive Damages in a Wrongful Death Case

Answer:

Punitive damages may be available in some Florida wrongful death cases, but they are not automatically recoverable simply because a death occurred. Punitive damages are intended for conduct that goes beyond ordinary negligence.

Under Florida law, a defendant may generally be held liable for punitive damages only when the evidence clearly and convincingly establishes intentional misconduct or gross negligence. Intentional misconduct involves actual knowledge that conduct was wrongful and highly likely to cause injury, followed by intentionally pursuing that conduct. Gross negligence involves conduct so reckless or lacking in care that it demonstrates a conscious disregard or indifference to the life, safety, or rights of others.

For example, a fatal motor vehicle crash may involve evidence that raises the question of punitive damages, but the facts must support the higher legal standard. Ordinary carelessness or negligence alone is generally not enough.

Florida also has a specific procedure for punitive damages claims. A plaintiff generally may not include a punitive damages claim in the initial complaint unless and until the court determines that the evidence in the record or a proffer provides a reasonable basis for pursuing punitive damages. The plaintiff may then seek permission to amend the complaint.

If punitive damages are ultimately submitted to the factfinder, the plaintiff must establish entitlement to those damages by clear and convincing evidence. The jury or other factfinder then determines whether punitive damages should be awarded based on the evidence and applicable Florida law.

Florida also places limitations on the amount of punitive damages that may be awarded in many cases. Generally, punitive damages may not exceed the greater of three times the compensatory damages awarded to the claimant or $500,000. Different limits or exceptions may apply in certain circumstances, including cases involving specified financial motives, specific intent to cause harm, or intoxication.

Because wrongful death cases involving potential punitive damages can involve additional pleading requirements, evidentiary standards, and statutory limitations, whether punitive damages may be pursued depends heavily on the particular facts of the case.