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Punitive Damages
Need a Lawyer to Help You Get Compensation in Clearwater, FL?
In every civil action, such as a personal injury claim, victims have the
right to recover monetary compensation for the physical, emotional and
/ or financial damages that another party caused. These damages can be
awarded in any type of injury or accident case, depending on the personal
circumstances of the victim involved. In certain cases, courts may also
award what is known as a punitive damage. These damages are designed primarily
as a way to further punish defendants - or the party responsible for causing
harm to a victim - and to deter them from engaging in similar conduct
in the future. If you want to pursue punitive damages, then contact a
Clearwater personal injury attorney from our firm. We can help you show
the courts that the offending party deserves extra punishment.
Punitive damages are typically awarded when a defendant's actions can
be considered egregious. Cases that involve
drunk driving accidents, for example, allow victims and their families to pursue a claim for punitive
damages. As defined by Title XLV §768.12 of the Florida Statutes,
defendants may be held liable when it can be clearly and convincingly
shown that they acted with either intentional misconduct or gross negligence.
According to Florida law, these concepts are defined as follows:
Intentional Misconduct
A defendant may be shown to have acted with intentional misconduct when
they had knowledge of the wrongfulness of their conduct and the high probability
that injury or damage to the victim would result. Despite having this
knowledge, they continued to pursue that course of conduct and subsequently
caused harm.
Gross Negligence
Gross negligence refers to a defendant's conduct that was so reckless
or careless that it constituted a conscious disregard or indifference
to the life, safety or rights of others.
DUI Accidents
Equipped with the experience and insight of a decorated former DUI prosecutor,
our Clearwater personal injury attorneys aggressively and intelligently
pursue punitive damages in cases involving a DUI accident. We investigate
these cases meticulously and work to obtain the driver's criminal
and driving record, all chemical tests, video, and other relevant evidence
to ensure that the jury understands the negligence and misconduct of the
drunk driver. Attorney Cope's background as a decorated former DUI
prosecutor has proven indispensable in our firm's ability to prove
intoxication before the jury and maximize our clients' recoveries.
Recovering Punitive Damages
There is no doubt that punitive damages create additional legal difficulties.
They are, however, essential to ensuring that justice is served and that
victims and families recover the maximum compensation possible. When handling
cases in which claims for punitive damages may be permitted, our Clearwater
personal injury lawyer meticulously prepares to demonstrate that defendants
acted with either intentional misconduct or gross negligence. As the burden
of proof rests on your side of the legal arena, you need to be sure that
you work with experienced trial lawyers who know how to present incriminating
evidence of intoxication in your civil case.
Allow a Clearwater Personal Injury Lawyer to Fight for You
At
Cope, Zebro & Crawford, P.L., our legal team places an emphasis on
maximizing client recovery and punishing drunk drivers with punitive damages. By providing you and your loved ones with personal attention and tailored
legal solutions, we can effectively work toward recovering punitive damages
and delivering you the results you deserve. Should you choose to work
with our firm, you can be confident that our proven, experienced and tough
trial lawyers will fight for you.
Contact our firm by calling
(727) 502-6493 or visiting our Clearwater office to discuss your case.