Can Punitive Damages be Pursued in a Florida Survival Action Claim?

When a person suffers injuries due to another's negligence or wrongful conduct and subsequently passes away, Florida law allows for two potential claims: a wrongful death claim and a survival action claim. While wrongful death claims focus on compensating the family and dependents of the deceased, survival actions continue the legal claims the deceased could have pursued if they had survived. A key question for many seeking justice is whether punitive damages—intended to punish egregious conduct and deter similar behavior—can be pursued in a Florida survival action claim.

Understanding Survival Action Claims in Florida

A survival action, governed by Florida Statute § 46.021, enables the deceased person's estate to continue pursuing claims they would have had if they had survived. These claims can include damages for:

• Medical expenses incurred prior to death
• Lost wages up until the time of death
• Pain and suffering experienced by the decedent before passing

Importantly, survival actions are distinct from wrongful death claims, as they focus on the decedent's rights rather than the survivors' losses.

What Are Punitive Damages?

Punitive damages are not compensatory. Instead of addressing financial losses or emotional pain, they serve to punish the wrongdoer for particularly reckless or malicious behavior and send a message that such actions will not be tolerated. These damages are only awarded in cases involving gross negligence or intentional misconduct, as defined in Florida Statute § 768.72.

Requirements to Pursue Punitive Damages:

1. Intentional Misconduct: The defendant must have knowingly engaged in actions likely to cause harm.
2. Gross Negligence: The defendant's conduct must show a reckless disregard for the safety or rights of others.

Pursuing Punitive Damages in Survival Action Claims

Florida courts generally allow punitive damages in survival action claims under certain conditions. This is because the right to punitive damages is tied to the decedent's rights, which the estate inherits upon their death.

Key Considerations:

• The court will evaluate whether the decedent would have been entitled to punitive damages had they survived.
• Evidence of the defendant's gross negligence or intentional misconduct must meet a high standard of proof.
• Punitive damages are capped in Florida to discourage excessive awards while maintaining a deterrent effect.

Statutory Caps on Punitive Damages:

• Punitive damages are generally limited to three times the compensatory damages awarded or $500,000, whichever is greater.
• Exceptions to this cap exist for particularly heinous cases, such as those involving intentional harm.

Case Examples Demonstrating Punitive Damages in Florida

Successful Punitive Damage Awards:

1. Tobacco Litigation: In lawsuits brought against tobacco companies, estates have successfully pursued punitive damages under survival actions, arguing that the companies acted with intentional misconduct by misleading the public about the dangers of smoking.
2. Drunk Driving Cases: Estates have been awarded punitive damages in survival claims involving drunk drivers whose reckless behavior led to fatal accidents.

Challenges in Obtaining Punitive Damages:

• Evidence must clearly demonstrate gross negligence or willful misconduct, which is not always straightforward.
• Courts may deny requests to add punitive damages if the allegations lack sufficient specificity or supporting evidence.

Limitations and Challenges

While punitive damages are available in Florida survival actions, certain barriers can complicate their pursuit:

• Burden of Proof: Plaintiffs must provide clear and convincing evidence of egregious behavior, a higher standard than the preponderance of evidence required for compensatory damages.
• Defenses by Defendants: Defendants often argue that their actions, while negligent, do not rise to the level of gross negligence or intentional misconduct required for punitive damages.
• Probate Process: The estate's representative must navigate the probate system, which can delay or complicate the process of pursuing punitive damages.

Best Practices for Plaintiffs:

• Gather Strong Evidence: Documentation, eyewitness testimony, and expert analysis can strengthen the claim.
• Consult Legal Experts: An experienced attorney can help assess whether the circumstances warrant a claim for punitive damages.

Conclusion

Punitive damages are a viable component of survival action claims in Florida, provided the circumstances demonstrate gross negligence or intentional misconduct. While challenging to obtain, these damages play a pivotal role in ensuring justice and deterring future wrongdoing. For families and estates seeking punitive damages, understanding the legal standards and working with skilled legal counsel is essential to navigating this complex process. By pursuing these damages, estates not only honor the rights of their loved ones but also contribute to a safer, more just society.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.?

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