Litigation Lawyers in Margate
In Margate, 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 Margate, 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 Margate, 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 Margate, Florida
The vast majority of personal injury lawsuits in Margate, 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 Margate, Florida.
Punitive damages in Margate, Florida are not authorized 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 Margate, 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.
Nonetheless, in Margate, 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.
Punitive damages in Margate, Florida typically cannot surpass 10 times the amount of actual damages suffered by the plaintiff. Nonetheless, 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 strongly dependent on the facts of each case.
How Can a Margate, Florida Attorney Help?
In Margate, 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 cases that can lead to a punitive damage award.
If you are engaged in a case in Margate, 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 delay to speak with a civil litigation attorney in Margate, Florida