Suing for Punitive Damages in Weston

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Litigation Lawyers in Weston

In Weston, 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 Weston, 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 Weston, 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 Weston, Florida

Mostly personal injury cases in Weston, 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 Weston, Florida.

In Weston, 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 Weston, 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.

There are limits on punitive damages in Weston, 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.

Punitive damages in Weston, Florida usually cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Florida have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.

How Can a Weston, Florida Attorney Help?

Weston, 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 Weston, 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 Weston, Florida civil litigation attorney

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Life in Weston

Weston is one of South Florida's suburbs. It is home to about 66,000 people. Interestingly, in 2010, Money Magazine ranked Weston the 19th "Biggest Earners" city in America due to the median family income being about ,000.

With such a high median income, Weston is seen as an area with large job growth. It also is known as a very affordable area with a well planned community. Along with being home to businesses of all sizes, Weston is also home to many law firms. Weston residents can be rest assured that any and every legal inquiry of theirs can be handled by Weston's legal force.

Some popular Weston residents include Jason Taylor, Manny Ramirez, Joey Porter, Dan Marino, Al Leiter, Eddie Jones, Brandon Jackson, Dudley Hart, and Will Allen.

Many Florida residents aspire to be a part of the Weston community!

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