Litigation Lawyers in Okeechobee

In Okeechobee, Florida, the civil litigation system is primarily concerned with compensating the victims of wrongdoing, rather than punishing the wrongdoers, or casting moral blame upon them.

This general principle is subject to an important exception, however. There are cases where a judge in Okeechobee, 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 Okeechobee, Florida do not grant punitive damages in most cases. The civil litigation system is geared against granting 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 similar misconduct outweighs the civil justice system's preference against punitive damages.

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

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

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

It's critical to know that punitive damages in Okeechobee, Florida are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.

In Okeechobee, Florida, punitive damage awards are normally (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a general rule of thumb, and is not completely rigid. In Florida, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a particular punitive damage award will depend heavily on the facts of each case.

How Can a Okeechobee, Florida Attorney Help?

In Okeechobee, Florida, there are a essentially unlimited number of situtations in which punitive damages can be awarded.

If you are engaged in a case in Okeechobee, Florida that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a Okeechobee, Florida civil litigation attorney as soon as possible.