Suing for Punitive Damages in Miramar

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Litigation Lawyers in Miramar

In Miramar, 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 Miramar, 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 Miramar, 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 Miramar, Florida

The vast majority of personal injury lawsuits in Miramar, Florida involve instances 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 Miramar, Florida.

Punitive damages in Miramar, Florida are not authorized in many cases. They are only awarded when the defendant's actions 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 Miramar, Florida will be considered. Additionally, 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.

You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Miramar, Florida. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of massive amounts of property.

Typically, in Miramar, 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, nonetheless, 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 Miramar, Florida Attorney Help?

In Miramar, Florida, there are a large variety of situations in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.

If you are located in Miramar, Florida, and are immersed in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Miramar, Florida civil litigation attorney

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Life in Miramar

Miramar is a city Broward County, Florida. It has a population of 108,000, as of estimates by the U.S. Census Bureau from the year 2007.

The city of Miramar, Florida is named after the Miramar District, in Havana, Cuba.

Miramar is home to very large communities of Columbian and Jamaicanimmigrants, and Cuban expatriates. These various ethnic groups have contributed to the diverse character of Miramar, and influenced its unique culture.

Miramar is the headquarters of Spirit Airlines, a low-cost carrier operating flights throughout the Americas. It is one of the largest employers in the Miramar area. Miramar is part of the South Florida Metro Area, which includes Miami and other major tourist destinations. As a result, tourism and travel are major drivers of Miramar's economy.

Thanks to its diversity and economic vitality, there is a thriving legal community in Miramar, Florida. Miramar, Florida lawyers are experienced in dealing with a wide variety of clients and cases; in a community as diverse as Miramar, they have to be in order to stay competitive. For most Miramar, Florida attorneys, there is no case to big or too small.

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