Suing for Punitive Damages in Plantation

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Litigation Lawyers in Plantation

In Plantation, 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 Plantation, 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 Plantation, 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 Plantation, Florida

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

Punitive damages in Plantation, Florida are not granted in many cases. They are only awarded when the defendant's conduct was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Plantation, Florida will be considered. Furthermore, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

There are limits on punitive damages in Plantation, Florida. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.

Generally, in Plantation, 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 Plantation, Florida Attorney Help?

The law of Plantation, Florida doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are many situations where they might be awarded.

If you are involved in a case in Plantation, Florida where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not hesitate to speak with a civil litigation attorney in Plantation, Florida

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Life in Plantation

Plantation is a South Florida city that is home to 90,000 Broward County residents. The namesake of Plantation is the owner of the Everglades Plantation Company that proliferated the motto "the grass is greener." Most people would know the Plantation City Hall and Plantation Golf Course from the movies There's Something About Mary and Caddyshack. Plantation is an ethnically diverse city and one of the most popular Fort Lauderdale suburbs. Popular among families, the city has 20 schools and many are private institutions. Just because Plantation is a suburb does not mean it's not a booming city too. Shipping giant DHL's World Headquarters, American Intercontinental University, University of Phoenix, the great Broward Mall and the Fashion Mall are all within Plantation city limits making it much more of a destination for locals and tourists.

Plantation is a standout community that plays host to a handful of lawyers. Plantation lawyers are familiar with local courts and will be able to help you figure out the best options for your legal matter. Plantation is home to a number of NFL players like Chad Ochocinco, Ty Law, Mike McKenzie, Zack Thomas, and rapper Fat Joe. With such and illustrious cast of residents you shouldn't be surprised to find out Plantation is one of the quickest growing cities in Broward County. There has also been an influx of new retail stores and accommodations for travelers who have come to visit the Everglades or Fort Lauderdale. There are also some well-rated restaurants that attract clientele from around the world.

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