Suing for Punitive Damages in Brandon

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Litigation Lawyers in Brandon

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

This general principle is subject to an important exception, however. There are cases where a judge in Brandon, 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 Brandon, Florida, punitive damages are not awarded in many cases. This is because the civil litigation system strongly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. However, 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 Brandon, Florida

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

In Brandon, Florida, punitive damages are not awarded in most cases. They are normally only awarded when the defendant's actions 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 Brandon, 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.

It's critical to know that punitive damages in Brandon, Florida are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.

In general, punitive damages in Brandon, Florida cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, this is not an absolute rule, and appeals courts in Florida have upheld much larger awards, and found much smaller awards to be invalid. It's determined on a case-by-case basis.

How Can a Brandon, Florida Attorney Help?

Brandon, Florida's courts have wide discretion in awarding punitive damages. Accordingly, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.

If you are engaged in a case in Brandon, Florida that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a Brandon, Florida civil litigation attorney as soon as possible.

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Life in Brandon

Brandon may not be incorporated as an official city but it is one of the most popular places in Florida. This Hillsborough County census designated place is home to 91,000 residents and has seen rapid growth of nearly 17% each year. Brandon's namesake is John Brandon who moved to the area with his wife and six children and purchased a total of 160 acres. Needless to say, Brandon isn't the same area as it once was and now offers many attractive amenities like golf course resorts and outstanding shopping.

Brandon has seen rapid growth over the past five decades. In the 1970s 430 businesses, 3 malls, and 40,000 new residents fled to Brandon because of it's convenient location and desirable weather. On average, it only snows once every 10 years. By the 1980s there were more than 2,500 businesses and 100,000 residents. Today, Brandon is most notably home to the World Wrestling Entertainment (WWE) training facility where potential superstars hone their skills. With many celebrities come many lawyers. However, Brandon lawyers are familiar with advising clients on a wide variety of legal related issues and are licensed to practice everywhere in the state.    

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