Are punitive damages available in a Florida wrongful death case?
Punitive damages may be available in the state of Florida when it comes to a wrongful death case. Although, we definitely do not see them on all cases. Punitive damages are not available on all cases. They may be available to the beneficiaries or the decedent’s family if the defendant’s conduct was reckless disregard for the safety of others and if that’s proven by clear and convincing evidence. If the defendant’s action that led to the death was of reckless disregard for the life and human safety and that is proven by clear and convincing evidence there may be a claim for punitive damages.
Basically, punitive damages is the amount of recovery, the amount of money that will prevent this type of behavior by the defendant in the future.