Suing for Punitive Damages in St. Petersburg

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Litigation Lawyers in St. Petersburg

In St. Petersburg, 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 St. Petersburg, 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 St. Petersburg, 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 St. Petersburg, Florida

Mostly personal injury cases in St. Petersburg, Florida do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Instead, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in St. Petersburg, Florida.

Punitive damages in St. Petersburg, Florida are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. St. Petersburg, Florida courts will consider several 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 conduct against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

You should be aware of the fact that there are some pretty severe limits on punitive damages in St. Petersburg, Florida. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of large amounts of property.

Generally, in St. Petersburg, 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 St. Petersburg, Florida Attorney Help?

The law of St. Petersburg, 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 located in St. Petersburg, 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 St. Petersburg, Florida civil litigation attorney

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Life in St. Petersburg

St. Petersburg, Florida is the fourth largest city in the state of Florida, and a popular vacation destination for both domestic and international tourists. St. Petersburg is the second largest city in the Tampa Bay area, and home to just under 250,000 residents. The sizeable city is located between the Gulf of Mexico and Tampa Bay -- a location that makes St. Petersburg highly accessible. Nicknamed, "The Sunshine City"boasts 360 days of sunshine a year. Not surprisingly, St. Petersburg is also apopular retirement destination. The St. Petersburg Pier, Museum of Fine Arts, and the Salvador Dali Museum are just a couple of the more popular attractions in the sunny city. St. Petersburg is also home to three professional sports teams for football, baseball, and hockey as well as hosts to many amateursports teams. Professional athletes are not the only professionals that thrive in St. Petersburg. Doctors, lawyers, and accountants are also plentiful in the city. St. Petersburg lawyers have a range of skills and are available to help their clients with big or small legal problems. St. Petersburg lawyers are skilled in any issue a client may be dealing with. With the great weather and growing industries, it is no wonder that St. Petersburg also attracts so many fabulous attorneys.

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