Can I seek punitive damages against a drunk driver in a Florida injury lawsuit?

Yes, victims injured by drunk drivers can often seek punitive damages under Florida law. Under Fla. Stat. § 768.736, statutory caps on punitive damages do not apply when the defendant was under the influence of alcohol with a blood alcohol level of 0.08 or higher, or substantially impaired. While standard compensatory damages address medical bills and lost earnings, punitive damages are intended to punish gross misconduct and deter drunk driving. Pursuing punitive damages requires formal court approval based on an evidentiary showing. The Altman Law Firm investigates driver toxicology and police records to build the required evidentiary basis for punitive claims.

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