In Florida Trust and Estates Litigation, When are Punitive Damages Excessive? May 4, 2016 Second DCA Opinion.
What are punitive damages? Can I be awarded punitive damages in my Florida Probate Lawsuit? Can a punitive damage award be excessive to the point of being unconstitutional? If you are involved in trust and estates litigation or probate litigation in Florida, you may want to read a May 4,2016 Second District Court of Appeal(DCA)case that discusses the amount of punitive damages that can constitutionally be awarded.
Punitive Damages & Florida Probate Litigation
- Most of the time a court is focused on making a party whole or right again.
- These are often called compensatory damages, which differ greatly from punitive damages.
- A person can receive compensatory damages for pain and suffering but the figures are supposed to be commensurate of actual pain and suffering, the goal cannot be to punish a defendant.
- Punitive damages, on the other hand, are used to punish a defendant in a West Palm Beach jury trial.
- Do you know the limits of a punitive damages award?
- Do you know how to motion a court for punitive damages?
- Did you know that punitive damages are only available for a small fraction of lawsuits?
- Experienced Palm Beach probate attorneys know when it is proper to petition forpunitive damages.
State Farm v. Brewer
- Although this is a personal injury case, and not a probate lawsuit West Palm Beach, this case provides us with valuable information regarding punitive damages.
- Here, it was argued that the award of punitive damages is so excessive that it isunconstitutional.
- The amount of punitive damages awarded is usually left ” to the discretion of the jury.”
- However, although the purpose of punitive damages is “punishing unlawful conduct,” the amount that can be awarded is limited by the constitution.
- The Second DCA , a Florida appellate court, considered whether the punitive damages awarded were “grossly excessive for constitutional purposes.”
- They also had to consider “whether the award is out of proportion to the defendant’s net worth.”
- Why does it matter if it’s out of proportion to the defendant’s net worth?
- It matter because having to pay these damages should be “painful,” yet it should not “destroy” the defendant.
- Here the punitive damages award in question takes exactly 100% of the defendant’s net worth.
- What did the Second DCA decide?
- Was this “grossly excessive” and constitutionally not allowed?
- Click here to read the entire case and learn more about punitive damages and the limits you may encounter at your probate trial Delray Beach.
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.
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