How to Properly Seek Punitive Damages in Florida State Court

Punitive damages are not about compensating a victim — they are about punishing the wrongdoer. In Florida, courts reserve these damages for cases where the defendant’s behavior goes beyond ordinary negligence and reaches the level of intentional misconduct or gross negligence.

Under Florida Statute §768.72, punitive damages can only be awarded when there’s clear evidence that the defendant either:

• Acted intentionally, knowing their conduct was wrongful and likely to cause harm, or
• Was grossly negligent, meaning their actions showed a reckless disregard for the safety, rights, or well-being of others.

If you’re thinking about pursuing punitive damages, it’s not enough to simply allege “bad behavior.” Florida law has built-in security measures to ensure that only legitimate claims make it through.

Can You Include Punitive Damages in the Initial Complaint?

No, you cannot plead punitive damages in your initial complaint in Florida.

Instead, you must file a motion for leave to amend your complaint after you’ve gathered enough evidence to justify the claim. This process is governed by Rule 1.190(a) of the Florida Rules of Civil Procedure.

Your motion must be supported by a proffer of evidence, such as deposition excerpts, documents, or affidavits, showing a reasonable evidentiary basis for the punitive damages claim.

Only after the judge reviews this evidence and determines there’s a sufficient factual foundation can you amend your complaint to include punitive damages.

What Evidence Do You Need to Support a Punitive Damages Claim?

Courts will not allow a punitive damages claim to proceed based on speculation or weak evidence. You must show that the defendant’s conduct meets the legal definitions under §768.72:

• Intentional Misconduct: The defendant knew their conduct was wrongful and likely to cause injury but did it anyway.
• Gross Negligence: The conduct was so reckless or lacking in care that it reflected a conscious disregard for others’ rights or safety.

Judges act as gatekeepers in this process, screening out unsupported or strategic punitive claims designed to pressure settlements.

Can You Get Financial Discovery Before the Court Grants Punitive Damages?

No, under §768.72(1), you cannot seek discovery about the defendant’s financial worth or net worth until the court grants permission to add punitive damages to your complaint.

This rule prevents “fishing expeditions” into a defendant’s finances unless the court first determines that a punitive claim is warranted. Once you’ve been granted leave, limited discovery about financial condition becomes permissible, but only to assess the potential amount of punitive damages.

How Are Corporations or Employers Held Liable for Punitive Damages?

When suing a business entity, you must meet additional standards under §768.72(3). Punitive damages can be awarded against a corporation only if:

• The wrongful conduct was committed by an officer, director, or manager;
• The corporation knowingly condoned, ratified, or consented to the misconduct; or
• The corporation was grossly negligent in hiring or retaining the employee who caused the harm.

In other words, holding a company liable for punitive damages requires showing that the wrongful behavior came from, or was approved by, leadership.

What Is the Burden of Proof for Punitive Damages at Trial?

At trial, punitive damages must be proven by clear and convincing evidence, which is a higher standard than the “preponderance of evidence” typically required in civil cases.

This elevated burden reflects the seriousness of punitive awards, which are intended to punish and deter extreme misconduct, not simply compensate for losses.

Are Punitive Damages Capped in Florida?

Yes, §768.73 of the Florida Statutes sets caps on punitive damages:

• Standard Cap: Up to three times the amount of compensatory damages or $500,000, whichever is greater.
• If Motivated Primarily by Financial Gain: Up to four times compensatory damages or $2 million, whichever is greater.
• If There Was Specific Intent to Harm: No cap applies.

These limits ensure that punitive damages remain proportionate to the wrongdoing and prevent excessive awards.

Step-by-Step: How to Seek Punitive Damages in Florida

1. Conduct Discovery: Gather evidence of the defendant’s conduct during the normal course of litigation.
2. Evaluate Evidence: Identify documents, testimony, or communications showing intentional or grossly negligent behavior.
3. File Motion for Leave to Amend: Include a factual proffer supporting punitive damages under §768.72.
4. Attend Hearing: Argue that your evidence meets the statutory threshold.
5. If Granted: File your amended complaint and proceed with limited financial discovery.
6. Prepare for Trial: Build a case that meets the “clear and convincing” evidence standard.

Strategic Considerations When Pursuing Punitive Damages

• Timing Matters: Move for leave only when your evidence is strong enough to meet the statute’s threshold.
• Expect Opposition: Defendants routinely fight punitive motions, arguing they’re prejudicial.
• Be Precise: Courts scrutinize these claims closely, so your evidence must be focused and persuasive.

A well-timed and well-supported motion can make all the difference between success and denial.

Why You Need an Experienced Litigation Attorney

Punitive damages can significantly increase the value of a case, but the procedural hurdles in Florida are strict. A skilled litigation attorney can evaluate whether punitive damages are appropriate, gather the necessary evidence, and ensure every statutory requirement is met. At Ayala Law, our attorneys help clients pursue justice when the conduct of others goes beyond mere negligence and into the realm of reckless or intentional wrongdoing.

If you believe your case might warrant punitive damages, contact one of our experienced attorneys in Miami at 305-570-2208.

You can also contact our founding attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].