Litigation Lawyers in Palmetto
In Palmetto, 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 Palmetto, 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 Palmetto, 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 Palmetto, Florida
Mostly personal injury cases in Palmetto, Florida involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Palmetto, Florida, this is not enough to justify the award of punitive damages.
In Palmetto, Florida, punitive damages are not awarded in most cases. They are typically only awarded when the defendant's conduct was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Palmetto, Florida to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.
It's important to know that punitive damages in Palmetto, 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 general, punitive damages in Palmetto, Florida cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, 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 determined on a case-by-case basis.
How Can a Palmetto, Florida Attorney Help?
Palmetto, Florida's courts have wide discretion in awarding punitive damages. Accordingly, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.
If you are located in Palmetto, Florida, and are involved 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 Palmetto, Florida civil litigation attorney