Suing for Punitive Damages in Gainesville

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Litigation Lawyers in Gainesville

In Gainesville, 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 Gainesville, 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 Gainesville, 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 Gainesville, Florida

Generally personal injury cases in Gainesville, Florida do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Rather, 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 Gainesville, Florida.

Punitive Damages in Gainesville, Florida are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Gainesville, Florida, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.

Nonetheless, in Gainesville, Florida, the law places limits on punitive damages. The U.S. Supreme Court has ruled various 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.

In general, punitive damages in Gainesville, Florida cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, 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 decided on a case-by-case basis.

How Can a Gainesville, Florida Attorney Help?

In Gainesville, Florida, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of situations that can lead to a punitive damage award.

If you have been harmed in Gainesville, 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 Gainesville, Florida.

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Life in Gainesville

Gainesville, Florida is the largest city in, and the county seat of, Alachua County, Florida. Its population is approximately 125,000 people.

Human habitation of the area that now includes Gainesville, Florida dates back at least 12,000 years. One of the ancient structures left behind by these people is colloquially known as the "Law School Mound." It is a burial mound that sits on the University of Florida Law School's campus, and it is estimated to be over 1,000 years old.

Many Gainesville, Florida attorneys studied law at this university. These lawyers are drawn to Gainesville because of its low cost of living, and business-friendly culture. Gainesville is also known for its promotion of solar energy, which allows private property owners with solar panels on their land to supply excess electricity back into the local power grid, helping people recoup the cost of investing in solar panels, making this environmentally-friendly practice more attractive.

If you live in Gainesville, Florida and are in need of legal advice, chances are good that a local Gainesville, Florida attorney can help.

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