Can a beneficiary of a Florida estate or a Florida trust obtain punitive damages when involved in a probate litigation or a trust litigation lawsuit? What are punitive damages? When are they relevant in probate litigation?What should your trust and estates litigator Delray Beach know about them?
Punitive Damages in Palm Beach Trust Litigation
- Palm Beach heirs, family members and beneficiaries who inherit under a Florida will or a trust ,and who are involved in litigation, want damages.
- In fact, in Florida, damages are often an important last element to proving your case.
- In courtrooms across South Florida, like the courts in Palm Beach Gardens, Ft. Lauderdale or Delray Beach, you must demonstrate how you have been injured or wronged: what are your damages?
- Can you get punitive damages in a Florida estate or a Florida trust case?
- The judges in South Florida have a lot of trial experience.
- Courts in Palm Beach County, Florida, Broward County, Florida and Dade County, Florida know that punitive damages are intended to punish a party to a lawsuit (defendant) for harmful, outrageous conduct.
- Punitive damages are intended, at least in part, to deter future wrongful conduct.
- Punitive damages may be appropriate when a fiduciary, such as a Florida executor, administrator of a Florida estate, or a Florida trustee, has hidden documents, taken money improperly, ignored a court order, told a lie,and/or engaged in acts of self-dealing.
HCA Health Services v. Cyberknife
- This Fourth District Court of Appeal opinion deals with punitive damages in the context of a fraud inducement claim regarding a contract.
- Why would a probate lawyer West Palm Beach care about a breach of contract claim and punitive damages?
- Issues regarding punitive damages can arise in probate or trust and estates litigation.
- Here,the petitioner sought certiorari relief from a circuit court in Martin County.
- There was an order granting a motion by Cyberknife to amend its “second amended complaint to add a claim of punitive damages in a count alleging fraudulent inducement to contract.”
- In other words, Cyberknife asked the court if they could amend their complaint for punitive damages.
- The claim for punitive damages stemmed from a lawsuit regarding fraudulent inducement to contract.
- When bringing a claim for fraudulent inducement , you’re affirming that there was a contract.
- When bringing a claim for fraudulent inducement of a contract, you are saying that the contract existed.
- In this claim for punitive damages, the Fourth DCA said that the order permitting the amendment was improper.
- Click here to read the entire case.Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
com/Firm-Overview/FAQS.shtml