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How Can I Estimate My Damages (Money) in a Florida Probate Lawsuit?

Uncategorized Dec 31, 2015
post about How Can I Estimate My Damages (Money) in a Florida Probate Lawsuit?

Are you involved in a Palm Beach probate trial? You may want to know how  a jury is going to decide your damages in Florida probate litigation. Florida trust lawyers know that predicting something like that is almost impossible. Check out this recent case out of the Third District Court of Appeal to learn more. 

Juries and Damages

  • One common thing estate lawyers in Florida are often asked is “how much money am I going to get?”
  • Sometimes this is easy to calculate, if the person stole a million dollars (and has money to pay a judgment) you are going to get a million dollars.
  • Other times though damages are less clear and harder to calculate.
  • Probate litigation attorneys know that this is where a jury comes in.
  • Florida probate lawyers will present their cases to the jury and let them decide who gets paid how much.
  • The problem is that it is not always based on how good your case (or your Florida estate lawyer) is, sometimes juries are random.
  • You may be able to ask the trial court to increase or decrease a damages award if it is unreasonable.
  • That being said, who determines what is reasonable?
  • Also when can probate attorneys Florida appeal such damages?
  • You may want to check out this recent case out of the Third District Court of Appeal to learn more.

Ortega v. Belony

  • This was a very interesting case that started from the most mundane of cases, a simple car wreck.
  • The plaintiff had actually broken his neck in the accident!
  • The problem for the plaintiff is healed miraculously well!
  • Where is that a problem?
  • Florida estate attorneys know that it may be a problem when the jury has to determine the damages award!
  • The jury actually awarded the man zero dollars in pain and suffering for a broken neck!
  • When the judge made them reconsider they came back with five thousand which is still not that much!
  • This is where additur and remittitur come in because the lawyers were able to move the court to increase the award.
  • That being said, on appeal the award was reduced back to five thousand.
  • Do you know how to  successfully appeal a damages award in West Palm Beach?

Want to learn more?

Check out the entire case by clicking here. 

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