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Tag: punitive-damages

  • What are compensatory damages?

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    If you succeed in a legal case, you might be eligible for a monetary award referred to as “damages.” Damages, typically categorized as punitive and compensatory damages, serve different purposes. While punitive damages aim to penalize the responsible party for their misconduct, compensatory damages solely aim to provide financial compensation to the injured individual.

  • How much compensation am I eligible for in my case?

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    How much compensation am I likely to receive? How much can I claim for compensation? It is difficult to ascertain the precise amount of compensation an individual will receive upon winning their personal injury case. Nevertheless, the extent and impact of the injury or loss itself will influence the probable award granted to the plaintiff.…

  • What is the maximum compensation possible for a motorcycle accident?

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    What kind of insurance should I have for my Motorcycle? What is Auto Accident Compensation (AAC)? Average compensations for motorcycle accidents are misleading because of the extreme variance. Minor injury and property damage cases may settle for as little as $10,000 to $15,000. On the other hand, major injury and wrongful death claims can go…

  • What is considered bad faith behavior?

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    Life and property insurance providers have a duty to promptly investigate your claim, typically within 30-60 days of filing for life insurance or property insurance. Many insurers may try to dissuade you from seeking legal representation by unreasonably delaying your life, homeowners, renters, or property insurance claim, offering a lower settlement amount, or employing other…

  • “Florida Conservation: Controlled Burns to Protect Land”

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    – Prescribed burning is important for the management of plant and animal communities. – It reduces the risk and severity of wildfires, protecting people and property. – Prescribed burning prepares forestland for reforestation and improves herbaceous vegetation on rangeland. – Florida law defines prescribed burning and requires a written plan and certification for those conducting…

  • Unpaid Commissions and Bonuses: Florida Law FAQs

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    1. In Florida, workers are entitled to unpaid commissions and bonuses under contract law. 2. Common commission disputes include payment of commission tails post-termination, recategorizing new accounts as house accounts, and reducing commission percentage after sales were made. 3. Bonus disputes often concern entitlement to bonuses post-termination and withholding of bonuses under a “for cause”…

  • General Contractors Can Pursue Triple Damages Against Unlicensed Subcontractors in Florida

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    – Unlicensed contracting is a crime in Florida. – Florida Statutes provide special civil remedies for those harmed by unlicensed contracting, such as treble damages and attorney’s fees. – General contractors can also obtain these civil remedies if they are harmed by their unlicensed subcontractors. – In the case of Home Construction Management, LLC v.…

  • Understanding Conflicts of Interest in Florida Class Action Cases

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    1. In the case of Young v. Achenbauch, the Florida Supreme Court found that the balancing test used by the Third District Court of Appeals was inappropriate for addressing conflict of interest issues in class action lawsuits. 2. The court determined that the Florida Rules of Professional Conduct fully addressed the conflict of interest issue…

  • “Can You Sue for Wrongful Bankruptcy in Florida?”

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    – Involuntary bankruptcy is rarely used by creditors, as it carries risks such as liability for costs, attorney’s fees, and damages. – Involuntary bankruptcy is mostly used when unsecured creditors suspect fraud by a company. – If an involuntary petition fails, the petitioning creditors can be liable for costs and attorney’s fees of the company.…

  • Understanding Florida Construction Liens: Is the Lien Valid?

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    1. Florida construction lien law allows parties who perform construction work to record liens if they are not paid. 2. A lien can be deemed fraudulent if the lienor willfully exaggerates the claimed amount or includes work not performed or materials not furnished. 3. Proving a lien is fraudulent requires showing willful exaggeration, willful inclusion…

  • “Understanding Self-Help Eviction and Abandonment in Florida”

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    – Commercial leases often grant the landlord broad powers upon the tenant’s default, allowing them to re-enter the premises and remove the tenant and their property without notice. – However, in Florida, this kind of clause, known as “self-help”, is forbidden and unenforceable. – Engaging in self-help evictions can result in costly penalties for landlords,…

  • New Rule Allows Faster Appeals for Punitive Damages in Florida

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    – Punitive damages are meant to punish the defendant for wrongful conduct and deter future misconduct by the defendant and others. – In Florida, punitive damages are only appropriate when the defendant’s conduct is fraudulent, malicious, deliberately violent or oppressive, or committed with gross negligence. – A plaintiff can only assert a claim for punitive…

  • Florida Supreme Court’s Impact on Business Litigation

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    – The Florida Supreme Court introduced three significant changes to the Florida Rules of Civil Procedure in 2021. – These changes, including a fresh summary judgment standard, a new apex deponent rule, and immediate review of early punitive damages decisions, have had a profound impact on business litigation in Florida state court. – The changes…

  • Understanding Commercial Evictions in Florida: The Process and Consequences

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    – A landlord or their agent can sign an eviction complaint for non-payment of rent in a commercial property. – The complaint needs to allege the landlord/tenant relationship, non-payment of rent, and the notice provided, and attach a copy of the lease. – In a basic eviction, the landlord seeks possession only, while in a…

  • “Consequences of Breaking a Contract in Florida”

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    1. Florida law recognizes both express and implied contracts. 2. When a party breaches a contract, the non-breaching party has the right to sue for damages. 3. Damages can be compensatory or punitive in nature. 4. Compensatory damages include direct, consequential, liquidated, and incidental damages. 5. To recover damages, the non-breaching party must prove that…

  • Unauthorized Damage to Trees by Others

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    1. Carol’s neighbor, Jim, cut down a significant portion of Carol’s trees, causing them to die. 2. The owner of a tree has the right to seek compensation for damage or destruction of the tree. 3. A property owner can sue for compensatory, statutory, and punitive damages in the event of tree damage. 4. State…

  • When Is Money from a Lawsuit or Settlement Tax-Free?

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    – Awards and judgments for personal physical injuries or physical sickness are tax-free under the tax code. – Compensatory awards for emotional distress are not treated as physical injuries and are therefore taxable. – Punitive damages and awards for unlawful discrimination or harassment are also taxable. – A taxpayer received a settlement of over $327,000…

  • Resolving Business Disputes: SGR Law Experts Can Help

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    – The American litigation process is different from systems in other industrialized nations. – There are two principal court systems in the United States: the courts of the individual states and the federal courts of the United States. – The state court system in Georgia is comprised of two courts of general jurisdiction handling most…

  • Florida Homeowners Construction Recovery Fund: What You Need to Know After a Disaster

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    – The Recovery Fund was created to provide relief for Florida homeowners who have been harmed by licensed Division I contractors. – Claimants are eligible to seek recovery from the fund if they have exhausted the limits of any available bonds or insurance and have received a final judgment in a court of competent jurisdiction…

  • Understanding Florida’s New Arbitration Laws

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    – The Florida Arbitration Code was amended in 2013 and is now known as the Revised Florida Arbitration Code (RFAC). – RFAC applies to agreements to arbitrate made on or after July 1, 2013, and older agreements may be subject to RFAC if all parties consent. – Beginning July 1, 2016, all agreements to arbitrate…

  • Common Questions about Disputes in Florida Business Partnerships

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    – A partnership in Florida is created when two or more people associate to carry on a business for profit. – Intent to form a partnership can exist even without a written or verbal agreement. – The formation, operation, withdrawal process, and dissolution of a Florida partnership are typically governed by the Florida Revised Partnership…

  • Penalties for Working Without a License in Florida

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    1. Unlicensed contracting in Florida is a crime, with first offenses being a misdemeanor and further offenses being felonies. 2. The Department of Business and Professional Regulation can levy civil penalties of up to $10,000 for unlicensed contracting. 3. Contracts entered into by unlicensed contractors are unenforceable in law or in equity. 4. Unlicensed contractors…

  • Disputing Florida Construction Liens: Is it Fraud or Just a Big Argument?

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    1. Florida law allows construction liens for money owed for labor, services, materials, or other items required by the direct contract. 2. Florida’s construction lien statutes do not allow increasing the lien amount based on breach of contract by the property owner. 3. Florida Statute Section 713.31(2)(a) states that a lien is fraudulent if the…

  • “Punitive Damages for Fraudulent Transfers in Florida”

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    – Florida’s Uniform Fraudulent Transfer Act (FUFTA) provides remedies for creditors, including avoidance of the transfer, attachment or provisional remedy against the assets, injunctive relief, appointment of a receiver, and levy and execution. – Under Florida Statute § 726.109, creditors may recover judgment for the value of the asset transferred or the amount necessary to…