Suing for Punitive Damages in Pensacola

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Litigation Lawyers in Pensacola

In Pensacola, 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 Pensacola, 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 Pensacola, 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 Pensacola, Florida

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

In Pensacola, Florida, punitive damages are not awarded in most cases. They are usually only awarded when the defendant's behavior 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 Pensacola, 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 Pensacola, 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.

Typically, in Pensacola, 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, however, 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 Pensacola, Florida Attorney Help?

In Pensacola, Florida, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of situations that can lead to a punitive damage award.

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

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Life in Pensacola

Pensacola is one of the cities i the "Florida Panhandle" of Escambia County, Florida. The population is around 460,000 people.

What makes Pensacola a key city of Florida is that it is a sea port on the Pensacola Bay, connecting Florida to the Gulf of Mexico. Also, Pensacola is nicknamed "The City of Five Flags" because five governments (Spain, France, Great Britain, the U.S., and the Confederate States of America) have flown flags over it. Pensacola does not have just one nickname. It has many! Other nicknames include "World's Whitest Beaches," "Cradle of Naval Aviation," "Western Gate to the Sunshine State," "American's First Settlement," "Redneck Riviera," "Emerald Coast," "Red Snapper Capital of the World," and "P-Cola." From the long list of nicknames, it is evident that Pensacola is a city rich with history, innovation, and culture.

The economy primarily comprises of the health care, military, and tourism industries. As for the legal industry, Pensacola is also home to many small to mid size law firms practicing in many areas of law.

One of Pensacola's most popular attraction is the National Naval Aviation Museum. Other popular spots include the Pensacola Civic Center, Saenger Theater, and the Pensacola Opera.

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