768.77 – Itemized verdict.
768.77 Itemized verdict.— (1) Except as provided in subsection (2), in any action to which this part applies in which the trier of fact determines that liability exists on the part of the defendant, the trier of fact shall, as a part of the verdict, itemize the amounts to be awarded to the claimant into the following […]
768.78 – Alternative methods of payment of damage awards.
768.78 Alternative methods of payment of damage awards.— (1)(a) In any action to which this part applies in which the court determines that an award to compensate the claimant includes future economic losses which exceed $250,000, payment of amounts intended to compensate the claimant for these losses shall be made by one of the following means, unless […]
768.79 – Offer of judgment and demand for judgment.
768.79 Offer of judgment and demand for judgment.— (1) In any civil action for damages filed in the courts of this state, if a defendant files an offer of judgment which is not accepted by the plaintiff within 30 days, the defendant shall be entitled to recover reasonable costs and attorney’s fees incurred by her or him […]
768.81 – Comparative fault.
1768.81 Comparative fault.— (1) DEFINITIONS.—As used in this section, the term: (a) “Accident” means the events and actions that relate to the incident as well as those events and actions that relate to the alleged defect or injuries, including enhanced injuries. (b) “Economic damages” means past lost income and future lost income reduced to present value; medical and funeral […]
768.72 – Pleading in civil actions; claim for punitive damages.
768.72 Pleading in civil actions; claim for punitive damages.— (1) In any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages. The claimant may move to amend her or […]
768.725 – Punitive damages; burden of proof.
768.725 Punitive damages; burden of proof.—In all civil actions, the plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages. The “greater weight of the evidence” burden of proof applies to a determination of the amount of damages. History.—s. 21, ch. 99-225.
768.73 – Punitive damages; limitation.
768.73 Punitive damages; limitation.— (1)(a) Except as provided in paragraphs (b) and (c), an award of punitive damages may not exceed the greater of: 1. Three times the amount of compensatory damages awarded to each claimant entitled thereto, consistent with the remaining provisions of this section; or 2. The sum of $500,000. (b) Where the fact finder determines that the […]
768.733 – Bonds in class actions; limitations.
768.733 Bonds in class actions; limitations.— (1) In any civil action that is brought as a certified class action, the trial court, upon the posting of a bond or equivalent surety as provided in this section, shall stay the execution of any judgment, or portion thereof, entered on account of punitive damages pending completion of any appellate […]
768.734 – Capacity to sue.
768.734 Capacity to sue.— (1)(a) In any action asserting the right to class action status, the claimant class having capacity to sue shall be limited to residents of this state at the time of the alleged misconduct, except as provided in paragraph (b). (b)1. Before issuing a class certification order, the court hearing an action asserting the right […]
768.735 – Punitive damages; exceptions; limitation.
768.735 Punitive damages; exceptions; limitation.— (1) Sections 768.72(2)-(4), 768.725, and 768.73 do not apply to any civil action based upon child abuse, abuse of the elderly under chapter 415, or abuse of the developmentally disabled. Such actions are governed by applicable statutes and controlling judicial precedent. This section does not apply to claims brought pursuant to s. […]