Punitive damages can be awarded in addition to compensatory damages in some cases. Unlike compensatory damages punitive damages are not to reward the plaintiff but to punish the person at fault for gross negligence or intentional harm. This occurs when the behavior is so grievous that the court believes penalty is needed to discourage the defendant from repeating the behavior. In Florida the amount of punitive damages you can receive are limited to three times the total of compensatory damages. There is an exception to this however if the court determines the defendant specifically intended to hurt the claimant.
The point of compensatory damages is traced to the word compensate, which means “to make whole” or “to make up for.” This is often separated into two groups: actual damages and general damages.
Actual damages are specific to the reimbursement of out of pocket expenses and measurable financial loss. General damages relate to things that are hard to document as dollars spent, but that do have a negative effect on the plaintiff.
You will receive nominal damages if you qualify as legally wronged without having sufficient evidence of actual injury. It is a minimal amount money and only given in situations where the injury does not need to be proved, as in the case of intentional torts.
Occasionally a claimant who has had success with their case will also be awarded the cost of any court expenses that have come about due to this case. This can incorporate disposition transcripts, process server fees, translators and court transcriptions. It is rare that attorneys’ fees are included in this coverage but there can be situations where the rules will include recovery for attorney and expert witness fees.
If the defendant is found 100% at fault for the injury the plaintiff receives the full monetary award.
The more severe the injury, the higher the monetary value of the claim will be.
Both defendant and plaintiff will be examined for credibility and if found lacking it could affect the amount you receive.
If the plaintiff shares fault in the cause of injury the degree of monetary compensation will be adjusted.
A witness that is credible, whether a specialist or person that viewed the accident makes an impact on your claim.
A younger person with a permanent injury is expected to have more future pain and suffering due to the injury than an older claimant.
All Rights Reserved | Retamar & Millian, P.A.