PROVING DAMAGES IN PALM BEACH LAWSUITS & AT TRIAL — don’t forget the damages !!

Are you involved in a probate lawsuit?   How are you going to prove the damages which you seek? Are you prepared?   Are your damage experts prepared  ?   A recent Palm Beach appellate case is a good lesson for those who may be new to Florida trials and certainly estate litigation. The Palm Beach appellate court which issues legal opinions on Palm Beach lawsuits, as well as Fort Lauderdale trials, issued an important opinion about   proving damages in a Florida lawsuit.  The fourth district court of appeal for Florida, which is in West Palm Beach, Florida, issued its opinion on damages yesterday.

Although most probate litigators and experienced Palm Beach trial lawyers would say that this Palm Beach appeals court opinion says nothing new, it does accomplish three things:

1. Damages Must Be Proven. This Palm Beach case reminds us that damages in the Palm Beach lawsuits actually need to be  proven.  No suggestions, just evidence.  No hope that the trial court may get it right.  Damages, after all, are typically the last element or factor or variable which you are required to prove at trial for each cause of action that you bring against a defendant.
2. Damages Must Be Clear. No guessing, no conjecture, no sloppy math — and absolutely no confusing testimony.    Damages in a civil lawsuit    need to be based on competent substantial evidence :    with clarity and understanding.
3. A Trial Judge Can’t Estimate Damages.     If the trial judge is confused about testimony on damages,  or evidence on damages in the Palm Beach lawsuit, the Palm Beach judge will not, should not, guess at what the damages may be — or simply throw out a number.

This Palm Beach appellate case came from a Broward County trial: a Ft. Lauderdale civil lawsuit, not a Ft. Lauderdale probate case.  Nonetheless, it is a helpful reminder for probate litigators, and those    trial attorneys     who handle   lawsuits for wills, trusts, and Estates, that damages cannot be forgotten.    Proving damages at a probate trial is just as important as proving damages in a Florida civil lawsuit, such as a Palm Beach wrongful death lawsuit.

HOW DO PALM BEACH     PROBATE LITIGATORS    PROVE DAMAGES IN A PALM BEACH ESTATE LAWSUIT ?

Here are a few tips for proving damages if you are involved in a Palm Beach probate lawsuit or inheritance trial or Palm Beach estate litigation.

1. Have your    fact    witnesses ready to testify.    You may need what probate litigators often refer to as “lay witnesses“.    Estate lawyers who handle Palm Beach estate litigation sometimes refer to these witnesses as “fact witnesses”  —–  those persons with   personal knowledge   about the Florida resident who died, about estate assets, whether estate assets were taken or misappropriated, can be very helpful to the probate court judge who is conducting the estate trial.   Witnesses should have a clear recollection of all facts which they are testifying about, and they must be credible or believable.
2. Have your    expert    witnesses ready   to testify at the Palm Beach probate trial.    Sometimes, it is helpful to a Palm Beach probate court to have an expert testify about estate damages.    A good expert will be focused, concise, and assist the Palm Beach probate court with understanding how the damages are calculated, and what interest rate is used.
3. Consider more than one damage scenario.   Depending on what type of estate lawsuit you’re involved in, your probate litigation team may want to present more than one damage scenario.   You may have different estate damages depending on which way the Palm Beach probate court rules on certain issues.
4. If    attorneys fees   are part of your  damages,   make sure your probate lawyer who is filing the probate lawsuit has specifically said this in the Palm Beach estate petition or the probate complaint.   Attorneys fees, as an element of damages, must typically be specially pled.

PALM BEACH PROBATE LITIGATION & FLORIDA CIVIL LAWSUITS —   you MUST prove damages !!

In this recent opinion from the Palm Beach appeals court, the trial court in Fort Lauderdale found that one of the parties had not met its burden in demonstrating the actual amount which was due and owing from that dispute.