Litigation Lawyers in Pembroke Park
In Pembroke Park, 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 Pembroke Park, 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 Pembroke Park, 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 Pembroke Park, Florida
Mostly personal injury cases in Pembroke Park, Florida involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Pembroke Park, Florida, this is not enough to justify the award of punitive damages.
In Pembroke Park, 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 Pembroke Park, 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 essential to know that punitive damages in Pembroke Park, 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 sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.
Generally, in Pembroke Park, 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 Pembroke Park, Florida Attorney Help?
In Pembroke Park, 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 involved in a case in Pembroke Park, Florida that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Pembroke Park, Florida civil litigation attorney as soon as possible.