How To Seek Punitive Damages in Your Florida Fraud Lawsuit

Punitive damages can be an important part of any Florida lawsuit.  In the Palm Beach probate setting, punitive damages are one consideration when fiduciaries do bad things.   Fiduciaries like trustees and personal representatives of Palm Beach estates can open themselves up to punitive damages if they do terrible things.  After all, a Palm Beach trustee or a Palm Beach executor of a Palm Beach probate is supposed to look out for and help its beneficiaries, right?  So, can you get punitive damages against a Palm Beach trustee or a Palm Beach personal representative if you believe that fraud was committed?  If you or your Palm Beach probate litigator are going down that road, you need to read a February 19, 2014 legal opinion on Florida punitive damages and fraudulent misrepresentation from the West Palm Beach 4th District Court of Appeal.  This appeals court hears all appeals for Stuart, Florida, Palm Beach and Broward Counties.  This recent Indian River County punitive damage case was not a probate case.  It reminds us that allegations of fraud, alone, don’t let you seek punitive damages in your Florida lawsuit.  You need more:  a reasonable evidentiary basis.  What’s that?  Your Palm Beach estate litigator will know.  Your Palm Beach estate lawyer should also know the peculiar rules for seeking punitive damages in a Palm Beach court, and how to handle the evidence issue. (in other words, what you need to prove and how to prove it)