Are you entitled to Punitive Damages? Ocala accident attorney explains.

It's dark outside, and you're stopped at a red light on the way home.  Suddenly, you're rear-ended by a drunk driver with a .10 BAC, who is legally intoxicated and had "brake failure."  In fact, the driver knew he was operating a truck with defective brakes.  Last week, he experienced total brake failure when he hit a parked car.  Since then, he'd secretly been topping off his brake fluid and ‘just hadn't gotten around to bringing his truck to the shop.'  You sustain injuries and are out of work for weeks recovering.

Would a court award you punitive damages for your injuries?  Possibly.  In a personal injury accident case, punitive damages may be awarded when a defendant's behavior is sufficiently offensive, reckless, and reprehensible to deserve punishment.  Punitives are intended to deter future reckless behavior and penalize the wrongdoer.

In this scenario, a court may award punitive damages for several reasons: 

1. The defendant was voluntarily intoxicated (.08 BAC) and caused injuries.
2. The driver knowingly failed to maintain a safe car that caused the collision.
3. The defendant's misconduct was wanton, reckless, reprehensible, and offensive.

While it's interesting to speculate, the only way to know whether your case qualifies for punitives, is to consult a personal injury attorney.  Punitive damages may be awarded in addition to compensatory damages, like medical bills, property damage, and lost wages. (Florida Jurisprudence, November 2010, 17 Fla. Jur. 2d Damages § 129.)

For more information: 

Could I have a claim for Punitive Damages against my Insurance Company? 

Florida DUI Accident Victims often entitled to Punitive Damages. Gainesville lawyer helps explains. 

Punitive damages in a Florida Auto Accident Case Explained By Local Attorney