EMAIL US
 

SERVING ALL OF FLORIDA
No Fees or Expenses if No Recovery


CALL US
 

 info@mcmillenlawfirm.com

CLICK FOR FREE ONLINE CONSULTATION

1-800-974-4929

 HOME

 PUNITIVE DAMAGES


(STATUTES)

Disclaimer:  This is part of the 2012 version of Florida Statutes and it is offered for general information purposes.  The statutes on this site should not be relied on without reviewing your legal situation with an experienced medical malpractice lawyer and making sure you are using the appropriate version of the statute for your case.  The provisions applicable to your potential claim may or may not be the version that was in effect at the time of the incident because some changes to statutes are retroactive and some changes are not.  Other statutes and other case law interpreting or applying these statutes may also apply to your case.

(The information on this site applies to Florida only)

768.73  Punitive damages; limitation.--

(1)(a)  Except as provided in paragraphs (b) and (c), an award of punitive damages may not exceed the greater of:

1.  Three times the amount of compensatory damages awarded to each claimant entitled thereto, consistent with the remaining provisions of this section; or

2.  The sum of $500,000.

(b)  Where the fact finder determines that the wrongful conduct proven under this section was motivated solely by unreasonable financial gain and determines that the unreasonably dangerous nature of the conduct, together with the high likelihood of injury resulting from the conduct, was actually known by the managing agent, director, officer, or other person responsible for making policy decisions on behalf of the defendant, it may award an amount of punitive damages not to exceed the greater of:

1.  Four times the amount of compensatory damages awarded to each claimant entitled thereto, consistent with the remaining provisions of this section; or

2.  The sum of $2 million.

(c)  Where the fact finder determines that at the time of injury the defendant had a specific intent to harm the claimant and determines that the defendant's conduct did in fact harm the claimant, there shall be no cap on punitive damages.

(d)  This subsection is not intended to prohibit an appropriate court from exercising its jurisdiction under s. 768.74 in determining the reasonableness of an award of punitive damages that is less than three times the amount of compensatory damages.

(2)(a)  Except as provided in paragraph (b), punitive damages may not be awarded against a defendant in a civil action if that defendant establishes, before trial, that punitive damages have previously been awarded against that defendant in any state or federal court in any action alleging harm from the same act or single course of conduct for which the claimant seeks compensatory damages. For purposes of a civil action, the term "the same act or single course of conduct" includes acts resulting in the same manufacturing defects, acts resulting in the same defects in design, or failure to warn of the same hazards, with respect to similar units of a product.

(b)  In subsequent civil actions involving the same act or single course of conduct for which punitive damages have already been awarded, if the court determines by clear and convincing evidence that the amount of prior punitive damages awarded was insufficient to punish that defendant's behavior, the court may permit a jury to consider an award of subsequent punitive damages. In permitting a jury to consider awarding subsequent punitive damages, the court shall make specific findings of fact in the record to support its conclusion. In addition, the court may consider whether the defendant's act or course of conduct has ceased. Any subsequent punitive damage awards must be reduced by the amount of any earlier punitive damage awards rendered in state or federal court.

(3)  The claimant attorney's fees, if payable from the judgment, are, to the extent that the fees are based on the punitive damages, calculated based on the final judgment for punitive damages. This subsection does not limit the payment of attorney's fees based upon an award of damages other than punitive damages.

(4)  The jury may neither be instructed nor informed as to the provisions of this section.

(5)  The provisions of this section shall be applied to all causes of action arising after the effective date of this act.

History.--ss. 52, 65, ch. 86-160; s. 1, ch. 87-42; s. 5, ch. 87-50; s. 1, ch. 88-335; s. 71, ch. 91-282; ss. 2, 3, ch. 92-85; s. 16, ch. 97-94; s. 23, ch. 99-225.

 


CLICK FOR FREE ONLINE CONSULTATION

E-mail
info@mcmillenlawfirm.com

Call Toll Free 
1-800-974-4929

Serving All of Florida

ORLANDO
608 E. Central Blvd.
Orlando, Florida 32801
Phone:   (407) 843-0126

 
TAMPA BAY
2202 North West Shore Blvd.
Suite 200
Tampa, Florida 33607
Phone: 813-639-7644

 
JACKSONVILLE
10151 Deerwood Park Blvd.
 Bld. 200, Suite 250
Jacksonville, Florida 32256
Phone:   904-371-3518

 
WEST PALM BEACH
777 South Flagler Drive
Suite 800 - West Tower
West Palm Beach, Florida 33401
Phone: 1-800-974-4929
MIAMI
201 South Biscayne Blvd
28th Floor
Miami, Florida 33131
Phone: 1-800-974-4929
ATLANTA
3455 Peachtree Road N.E.
5th Floor
Atlanta, Georgia 30326
Phone: 1-800-974-4929

While our firm started in Orlando and its main office is there, for many years we have handled cases throughout Florida,.  To serve our clients better  we have opened additional satellite offices in several major Florida cities.   We use these offices to meet with our clients, take depositions, and as preparation rooms when we have trials in these cities.  When advantageous to you, we will also associate with other lawyers and law firms in some areas of the state to serve you better.  If we do associate with other lawyers on your case it will be at no additional attorney fees or expense to you. 

This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship.  Laws vary from state to state and are constantly changing.   If you think you may have a case you should promptly contact a lawyer in your state with experience in handling this type of case.

Copyright 1997-2013 -  McMillen Law Firm * A Professional Association
All rights are reserved.  No articles,
notes, outlines, or other materials may be stored on the Internet or sold or placed by themselves or with other material in any written or electronic format in whole or part.  However materials may be referenced by appropriate links to the site.

MALPRACTICE QUESTIONS   |   LOOK UP DOCTORS   |   DO I HAVE A GOOD CASE?  |  STATUTES

  CASE REPORTS  |  NURSING HOMES  |  ABOUT US  |   CONTACT US  |   SITE MAP 

 HOME