Can You Seek Punitive Damages in a Civil Sexual Assault Claim in Florida?
Sexual assault is a terrible crime. The perpetrator should be held accountable. In Florida, they can be convicted of a felony and sentenced to significant prison time. A criminal case is an important part of the justice process. The victim may also have a civil legal claim—against the offender and, potentially, against other negligent parties.
Through a civil sexual assault claim, the victim has the right to seek financial compensation, including for pain and suffering. Punitive damages may also be awarded by the court in civil sexual assault cases. Within this article, our Miami civil sexual assault attorney explains the key things to know about punitive damages in civil sexual assault cases in Florida.
What are Punitive Damages in a Civil Legal Case?
Through a civil legal claim (tort claim), a victim can seek financial support. Most damages are designed to be compensatory in nature. A civil sexual assault claim may include compensatory damages for economic losses and non-economic losses, including:
- Emergency room care;
- Other medical bills;
- Mental health support;
- Loss of wages;
- Loss of earning power;
- Pain and suffering; and
- Emotional trauma.
In some cases, punitive damages may also be recovered. Broadly defined, punitive damages is compensation awarded that goes beyond simple financial restitution. These damages are intended to punish the defendant for particularly harmful, malicious, or reckless behavior.
Know the Standard: Punitive Damages in Florida
Punitive damages are a potential option in civil sexual assault claims in Florida. Under state law (Florida Statutes § 768.72), can only be awarded if there is “clear and convincing evidence” that the defendant engaged in intentional misconduct or gross negligence. Beyond that, the law also requires that a plaintiff must first seek the court’s permission to include a claim for punitive damages by providing a reasonable showing of evidence in a pretrial motion.
A State Cap on Punitive Damages: Notably, Florida caps the amount of punitive damages at three times the amount of compensatory damages awarded or $500,000—whichever is greater.
A Florida Sexual Assault Survivor’s Rights Attorney Can Help You Pursue Justice
Sexual assault victims deserve justice. Not only must the perpetrator be held accountable, every party whose negligence contributed to the attack must also be held accountable. These claims can be exceptionally complicated. They should always be handled with the utmost degree of care, sensitivity, and professional skill. A top-tier Florida civil sexual assault attorney can investigate your case, gather evidence, and take legal action to get justice.
Contact Our Miami, FL Civil Sexual Assault Lawyer Today
At Pike & Lustig, LLP, our Miami civil sexual assault attorney is an experienced, compassionate advocate for victims. If you were the victim of sexual violence, we are here to help. Contact us today for a free, completely confidential consultation. With offices in Miami and West Palm Beach, we provide legal representation to sexual assault victims throughout South Florida, including in Miami-Dade County, Palm Beach County, Broward County, and Martin County.
