Albert Moore, Attorney at Law

Can I Recover Exemplary Damages In A Breach Of Contract Lawsuit?


In Florida, exemplary damages are called punitive damages and they are possible in a breach of contract lawsuit. Punitive implies punishment and that’s what punitive damages are put in place to do. Compensatory damages compensate you for your loss. Punitive or exemplary damages send a message to this particular company and the community at large as a deterrent for acting in this manner. Sometimes, a judge will add to the amount or reduce the amount of punitive damages awarded by a jury.

What Alternatives To Litigation Do I Have To Resolve My Business Disputes?

If you have an agreement to alternative dispute resolution methods built into your contract, you have to mediate or arbitrate. The judge may order it, even if it’s not in the agreement. Both parties can also volunteer to engage in mediation, even if it’s not in the agreement.

Arbitration can be binding or non-binding. In mediation, the mediator doesn’t get to make a decision. The mediator tries to get the parties together to come to an agreement and acts as a facilitator. If a mediator doesn’t get the parties to agree, then they reach an impasse and once the impasse is declared, you move on to litigation. An arbitrator acts like a judge and makes a decision. If it’s binding arbitration, the decision is binding and you can’t go back and litigate.

If it’s non-binding, the judge can consider the decision of the arbitrator but it does not stop either party from bringing an action. Alternative dispute resolution depends on the nature of the people and the nature of the conflict. It is always helpful to have an attorney who is well versed in negotiation. When you get emotional, it hurts your ability to negotiate well. Having an attorney do the negotiations means that the emotional element is left at the door.

For more information on Punitive Damages In Breach Of Contract Case, a case evaluation is your next best step. Get the information and legal answers you are seeking by calling (772) 919-2542 today.

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