Suing for Punitive Damages in North Miami Beach

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Litigation Lawyers in North Miami Beach

In North Miami Beach, 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 North Miami Beach, 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 North Miami Beach, 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 North Miami Beach, Florida

Generally personal injury cases in North Miami Beach, Florida involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In North Miami Beach, Florida, this is not enough to justify the award of punitive damages.

Punitive damages in North Miami Beach, Florida are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. North Miami Beach, Florida courts will consider many factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's actions against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

You should be cognizant of the fact that there are some pretty severe limits on punitive damages in North Miami Beach, 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.

A good rule of thumb for calculating the upper limit of punitive damages in North Miami Beach, Florida is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Florida have a good deal of discretion in awarding punitive damages, and will decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.

How Can a North Miami Beach, Florida Attorney Help?

North Miami Beach, Florida's courts have wide discretion in awarding punitive damages. Therefore, it is impractical to comprehensively discuss all the situations in which punitive damages can arise.

If you are located in North Miami Beach, 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 North Miami Beach, Florida civil litigation attorney

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Life in North Miami Beach

North Miami Beach is a suburb located in the Miami-Dade County of Florida. The city was originally named Fulford, and was renamed North Miami Beach in 1931. It is home to about 39,000 people.

Some popular attractions include Haulover Pkr, Haulover Beach, the St. Bernard de Clairvaux Church, and the Judge Arthur I. Snyder Tennis Center.

Famous people who have lived in North Miami Beach include Jonathan Zaslow, Max Jean-Gilles, Garcelle Beauvais, and Louis Delmas.

Miami is home to many law firms of all sizes. These firms train excellent attorneys with sharp minds and a "keen legal eye." Therefore no legal matter will pass unattended for North Miami Beach residents.

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