Suing for Punitive Damages in Bonita Springs

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Litigation Lawyers in Bonita Springs

In Bonita Springs, Florida, the civil litigation system is mainly concerned with compensating the victims of wrongdoing, rather than punishing the wrongdoers, or casting moral blame upon them.

This basic principle is subject to an significant exception, however. There are cases where a judge in Bonita Springs, Florida will order a defendant to pay the plaintiff a sum of money which is not calculated based on actual harm the plaintiff has suffered. These are called "punitive damages" and serve the purpose of punishing and deterring wrongdoing.

In Bonita Springs, Florida, punitive damages are not awarded in many cases. This is because the civil litigation system highly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. Nonetheless, in some cases, the conduct of the defendant is so reprehensible, that simply punishing the defendant is a worthy goal, and this interest outweighs the preference against giving civil plaintiffs financial windfalls.

Conduct that can give rise to punitive damages in Bonita Springs, Florida

A majority of personal injury litigation actions in Bonita Springs, Florida do not involve the possibility of punitive damages, because they usually involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Bonita Springs, Florida, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Bonita Springs, Florida, punitive damages are not awarded in most cases. They are typically only awarded when the defendant's conduct was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Bonita Springs, Florida to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

Nonetheless, in Bonita Springs, Florida, the law places limits on punitive damages. The U.S. Supreme Court has ruled numerous times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.

A good rule of thumb for calculating the upper limit of punitive damages in Bonita Springs, Florida is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Florida have a good deal of discretion in awarding punitive damages, and will decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.

How Can a Bonita Springs, Florida Attorney Help?

In Bonita Springs, Florida, there are a large variety of situations in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.

If you have been injured in Bonita Springs, Florida and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not delay to consult a civil litigation attorney in Bonita Springs, Florida.

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Life in Bonita Springs

Bonita Springs plays host to 45,000 Lee County residents who are also incorporated into the Cape Coral-Fort Myers Metropolitan Area. Bonita Springs is home to a host of lawyers. Bonita Springs lawyers take all kinds of cases and are licensed to practice in every county throughout the state.. One of the reasons Bonita Springs is so popular is a result of the tropical climate that only dips down to 65 degrees Fahrenheit in January. It is also the northernmost city on the west coast of Florida bordering the Estero Bay and Gulf of Mexico. The Everglades Wonder Garden is another popular destination flush with wildlife like alligators, birds, panthers, flamingos, and bears among many others. There's also a botanical garden.  

Bonita Springs is home to a number of attractions that are frequented by citizens and seasonal tourists alike. The Art League of Bonita Springs hosts local and traveling exhibitions and offers classes and community events. The Bonita Beach Park is a very popular beach that stretches 2.3 acres of waterfront which includes 8 picnic shelters, a swimming area, sand dunes, and lots of space to barbecue and enjoy the gorgeous Florida weather. 

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