Suing for Punitive Damages in Jacksonville

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Litigation Lawyers in Jacksonville

In Jacksonville, 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 Jacksonville, 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.

Courts in Jacksonville, Florida do not authorize punitive damages in most cases. The civil litigation system is geared against authorizing financial windfalls to civil plaintiffs. But, there are rare cases, where the defendant has done something to the plaintiff that is so morally reprehensible, that society's interest in punishing the defendant and deterring comparable misconduct outweighs the civil justice system's preference against punitive damages.

Conduct that can give rise to punitive damages in Jacksonville, Florida

The vast majority of personal injury lawsuits in Jacksonville, Florida involve cases in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Jacksonville, Florida.

In Jacksonville, Florida, punitive damages are only awarded in extreme cases. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Jacksonville, Florida will consider many different factors. Typically, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.

It's necessary to note that in Jacksonville, Florida, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

In general, punitive damages in Jacksonville, 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 Jacksonville, Florida Attorney Help?

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

If you live in Jacksonville, Florida and are engaged in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of funds from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Jacksonville, Florida.

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Life in Jacksonville

Jacksonville, Florida offers tourists great attractions ranging from family fun, to nature-appreciation, to metropolitan-savvy. For instance, families can enjoy a day at the Jacksonville Zoo Gardens, Little Talbot Island State Park, Eerie Owl Ghost Tour, Friendship Park or the Jacksonville Municipal Stadium.

For those who love nature, a bike stroll with e2ride bike tours is quite popular. Natural history lovers can enjoy the Jacksonville Fire Museum, the Museum of Southern History, Veterans Memorial Wall, and Cummer Museum of Art and Gardens.

After a day of fun, Jacksonville offers an array of places to just sit back and relax. Tourists can enjoy a stroll down Riverwalk, a 1.2 mile stretch of restaurants, bars, shops, and a marina. Further, the Anheuser-Busch Brewery, River City Brewing Company, and City Center offer some great food, drinks, and relaxation. Above are named only some of the great attractions that Jacksonville offers. Alongside offering great attractions, Jacksonville also offers great legal services. It is home to many small to mid-size law firms filled with competent attorneys who focus on keeping clients in the know while working on their cases. All in all, Jacksonville is a great place to visit, and a great place to find the attorney of your choice.

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