A jury verdict is not a check. The Perazzo Law Firm has learned, according to the Tampa Free Press, that a Levy County jury awarded a woman more than $301 million after a wrong-way drunk-driving crash. A verdict can still face post-trial motions and appeals. If you were hurt in a crash, a Miami car accident lawyer is available at 888-PERAZZO.
What the Levy County jury decided
According to the Tampa Free Press, the Nov. 2 verdict totals about $301 million: $200 million for pain and suffering and $100 million in punitive damages. The outlet reports, citing court records, that it is the largest verdict in Levy County history.
The same report says the other driver’s blood alcohol content was three times the legal limit, and that the woman was airlifted to UF Health. Her attorney told the outlet the defense may challenge the award in court.
A verdict is not money in hand
A verdict is the jury’s finding. The losing side can ask the trial judge to reduce or set it aside, and can appeal. Whether any amount is collected also depends on the at-fault driver’s insurance limits and personal assets.
Compensatory vs. punitive damages
- Compensatory damages pay for the harm itself: medical bills, lost income, and pain and suffering.
- Punitive damages are meant to punish and deter. They are not tied to a bill or a pay stub.
How Florida limits punitive damages
Under Fla. Stat. § 768.72, a punitive damages claim generally cannot be pleaded until the claimant makes a reasonable showing, by evidence in the record or proffered, that gives a reasonable basis for recovery. To hold a defendant liable, the factfinder must find by clear and convincing evidence that the defendant was personally guilty of intentional misconduct or gross negligence. The statute defines gross negligence as conduct so reckless or wanting in care that it amounts to conscious disregard or indifference to the life, safety, or rights of others.
Fla. Stat. § 768.73(1)(a) sets the general cap on punitive damages at the greater of three times the compensatory damages per claimant or $500,000. The statute also lists narrower circumstances in which different limits apply or the cap does not, so the full text matters in any real case.
When the at-fault driver has little coverage
Fla. Stat. § 627.727 governs uninsured motorist (UM) coverage, which applies when you are legally entitled to recover damages from the owner or operator of an uninsured vehicle. The statute treats a vehicle as uninsured in some cases where the at-fault driver’s bodily injury limits are lower than the total damages. UM coverage can also be rejected in writing, so your own policy terms control.
Every case is different, and a verdict like this one is not a prediction for any other case. Past results do not guarantee a similar outcome.
FAQ
Does a $301 million verdict mean she will receive $301 million?
Not necessarily. Post-trial motions, appeals, and the defendant’s insurance and assets all affect what is collected.
What if the other driver has too little insurance?
Your own uninsured motorist coverage may apply, depending on your policy terms.
Hurt in a Florida crash? Call 888-PERAZZO or request a free case evaluation, or learn how our car accident lawyers in Miami approach these claims.
Personal Injury Accident Lawyer in Miami Advertising. The Perazzo Law Firm, 16666 NE 19th Ave #110, North Miami Beach, FL 33162. General information only; not legal advice.