When a driver chooses to get behind the wheel while impaired by alcohol or drugs, the resulting crash moves far beyond standard negligence. In Florida, courts view driving under the influence as a reckless and egregious disregard for human life. If you are the victim of a drunk driving accident, your lawsuit will seek standard compensatory damages (for your medical bills, lost wages, and pain and suffering). However, DUI cases also open the door to a rare and incredibly powerful financial remedy: Punitive Damages. Understanding how these damages work is critical to maximizing your claim value.
What Are Punitive Damages?
Unlike compensatory damages, which are designed to “make the victim whole,” punitive damages have a completely different purpose. They are designed strictly to punish the wrongdoer and to send a public message that deters others from engaging in the same reckless behavior.
In standard Florida personal injury cases, punitive damages are very difficult to win. You must prove by “clear and convincing evidence” that the defendant was guilty of intentional misconduct or gross negligence. However, the Florida Supreme Court has long held that the voluntary act of driving while intoxicated automatically qualifies as the gross negligence required to demand punitive damages.
The Removal of Statutory Caps
Florida heavily regulates lawsuit payouts to protect businesses, typically capping punitive damages at three times the compensatory damages, or $500,000 (whichever is greater).
However, Florida lawmakers recognized that drunk driving deserves far harsher treatment. Under Florida Statute § 768.736, if the at-fault driver was intoxicated by alcohol or drugs at the time of the crash, the statutory caps on punitive damages are completely removed. There is no legal limit to how much a jury can force a drunk driver to pay in punitive damages.
Insurance Limitations and Strategy
While the removal of the damage cap is a massive advantage for plaintiffs, there is a strategic hurdle. Many standard auto insurance policies contain clauses that explicitly refuse to cover punitive damages, meaning the insurance company will only pay the compensatory portion of the verdict. To collect the punitive damages, you may have to pursue the drunk driver’s personal assets.
However, the mere threat of an uncapped punitive damage trial often forces the insurance company to settle the compensatory claim for the absolute maximum policy limits during pre-trial negotiations. Because DUI claims are highly complex, you should always use independent data to estimate your baseline injury value before negotiating.