Suing for Punitive Damages in Cape Coral

Find the right Litigation attorney in Cape Coral, FL

Litigation Lawyers in Cape Coral

In Cape Coral, 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 Cape Coral, 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 Cape Coral, 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 Cape Coral, Florida

A majority of personal injury litigation actions in Cape Coral, 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 Cape Coral, Florida, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

Punitive damages in Cape Coral, Florida are not granted in many cases. They are only awarded when the defendant's behavior was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Cape Coral, Florida will be considered. Moreover, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

There are limits on punitive damages in Cape Coral, Florida. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.

Usually, in Cape Coral, Florida, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, however, and is applied on a case-by-case basis. Courts in Florida have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Cape Coral, Florida Attorney Help?

The law of Cape Coral, Florida doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are several situations where they might be awarded.

If you are engaged in a case in Cape Coral, Florida where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not hesitate to speak with a civil litigation attorney in Cape Coral, Florida

Talk to a Law Attorney now!

Life in Cape Coral

Cape Coral, Florida is a city in Lee County, Florida. It has a population of approximately 155,000 people.

The city of Cape Coral, Florida was founded in 1957. Development of the area continued through the 1960s. Cape Coral saw a major addition with the construction of the Cape Coral Bridge, which is about 1 kilometer long. This reduced the drive time between Cape Coral and nearby Fort Myers from over half an hour to just a few minutes.

This allows the professionals who reside in Cape Coral, Florida, such as doctors, accountants, and lawyers, to shorten their commutes to the larger cities in the surrounding area, turning Cape Coral into a quiet residential community.

The economy of Cape Coral, Florida is largely dominated by city government, healthcare, and services. All of these industries employ large numbers of administrative personnel, such as lawyers.

If you live in or around Cape Coral, Florida, and need an attorney, it's very likely that there's a Cape Coral, Florida lawyer who can help you with whatever legal issue you might face.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Howard B.
Howard B.

Business - Litigation

Rye Brook, NY

Mark B.
Mark B.

Business - Litigation

Roseland, NJ

David A.
David A.

Business - Litigation

Walnut Creek, CA

Gotham Light