Legal Question in Civil Litigation in Florida

We have a legal case that is scheduled to go to a Jury trial to collect damages. It has been a long battle for four years getting the defendants who all have insurance to come to settlement. They all have admitted guilt in this construction case in their depostions but they do not want to pay. Can we also sue for punitive damages separately or does it have to be attached to the present suit as a new motion? Our attorney tells us that you can only collect punitive damages from the defendant with whom you have the contract in spite of the fact that the evidence shows that punitive damages is in order against the other defendants. Also he states that it does not pay to file for punitive damages since your present damages will exceed the present insurance coverage. How can this be since the defendants have also added a third party defendant who has plenty of insurance? Also the Jury may not give us all our damages, so why not add punitive damages?


Asked on 5/14/10, 7:11 am

1 Answer from Attorneys
Lesly Longa Longa Law P.A.

There are limited circumstances in which you can claim or collect punitive damages. I believe the limitations are found in Florida Statutes �� 768.72, 73, which should be available online. Since you have an attorney, you should ask him or her your questions. Regards,

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Answered on 5/19/10, 8:31 am


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