Litigation Lawyers in De Land
In De Land, 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 De Land, 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 De Land, 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 De Land, Florida
Mostly personal injury cases in De Land, Florida do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Instead, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in De Land, Florida.
Punitive damages in De Land, Florida are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. De Land, Florida courts will consider several factors in considering whether or not to award punitive damages. For example, the court might employ a sliding scale that weighs the immorality of the defendant's conduct against the actual harm that it caused to the plaintiff, and calculate damages accordingly.
However, in De Land, Florida, the law places limits on punitive damages. The U.S. Supreme Court has ruled many 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.
Punitive damages in De Land, Florida usually cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Florida have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.
How Can a De Land, Florida Attorney Help?
The law of De Land, 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 many situations where they might be awarded.
If you are involved in a case in De Land, 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 De Land, Florida