What are punitive damages and when are they available?

Punitive damages punish and deter rather than compensate. They're available only where the conduct rises well above ordinary negligence.

The standard. Intentional misconduct, or gross negligence — conduct so reckless or wanting in care that it constitutes a conscious disregard or indifference to the safety of others.

Where they come up in crash cases. Drunk driving is the recurring example. Extreme speed, street racing, and fleeing the scene also appear.

The procedural hurdle. Florida requires a reasonable showing by evidence in the record, or proffered, before a claim for punitive damages may even be pleaded. You can't simply allege them.

Caps apply, with a general limit and higher tiers for specified conduct.

Two practical notes. Punitive damages are generally not covered by insurance, which means collectibility is a real question. And unlike compensatory damages for physical injury, they're generally taxable.