A lot of people are hesitant to initiate legal action after they have been wronged. It may be because of the complexity or uncertainty of the legal process or simply because of a lack of awareness as to the legal options available. In any case, we believe that any individual who has been wronged, whether due to the negligence, recklessness or criminal conduct of another, deserves to understand how the legal system can help them. The legal system was intended to help, and we’d like to show you how that can be done.
The legal system exists to serve as a forum for resolving disputes. If the Plaintiff, the party making the claim, prevails then he or she is legally entitled to damages which are intended to compensate that person for the wrongs he or she has endured. Compensation, of some type, is the main intended outcome of a legal proceeding. If you have been wronged, whether that be as a victim of crime, the victim of intentional non-criminal conduct, such as fraud, or defamation, or due to the reckless or negligent conduct of another, the legal system may be able to get you the compensation you deserve.
Types of compensation in civil cases:
- Economic damages
- The primary means of compensating people for wrongs committed against them is by an award of monetary damages. Plaintiffs who prevail in a lawsuit are generally awarded a sum of money to compensate them for their loss or for the wrong done to him or her.
- Types of economic damages:
- The types of economic damages available depend upon the nature of the case. A knowledgeable local attorney can help you understand exactly what sorts of damages you may be entitled to, based on the facts and circumstances of your case. Remember, Florida law may differ from the laws of other states, so finding a local attorney is key.
- Generally, economic damages are intended to compensate you for financial losses that you would not have incurred but for the wrong committed against you. Some forms of economic damages include: Lost wages, loss of earning capacity, medical bills (past and future), cost of mental health care (past and future), repair or replacement of property that was damaged, return of money owed, to name a few.
- Non-economic damages
- Florida law also allows for awards of non-economic damages in certain cases.
- Non-economic damages are intended to compensate you for intangible harms, such as pain and suffering, loss of companionship, mental and anguish, loss of capacity for enjoyment of life, loss of parental support and instruction, and other losses.
- Equitable relief
- Historically, our modern civil legal system is derived from a 2-track system, in which there where two types of courts: courts of law and courts of equity. Although some states maintain this distinction, in Florida we have a merged system, in which our civil courts can hear and rule on matters of law as well as matters of equity. Why does this matter for your case? This means that our civil court system can not only award monetary or economic damages but can also award equitable relief.
- Some equitable remedies include:
- injunctions, which are intended to force a person to immediately stop certain behavior or actions that are illegal or harmful.
- Specific performance: this is an equitable remedy that is sometimes available in breach of contract cases. This remedy forces the party that breached the contract, to resume performance of the contract as agreed.
- Recission of a contract
- Intangible benefits
- In certain situations, the legal system can empower you to protect others. The For example, if you are injured due to an unsafe condition, you can request, as a form of damages, that the unsafe condition be fixed, so that others are not injured in the same way in the future.
- Lastly, a win in the civil court system can help give you a sense of justice. If you or a loved one has been wronged civilly, having the culpable party or a court of law formally acknowledge the wrong can give a lot of closure, especially in cases in which people suffer grave injuries or the death of a loved one.
If you or a loved one have been the victim of a crime, suffered as the victim of an intentional civil wrong, or as been injured due to the negligence or recklessness of another, initiating a civil claim may be the right choice for you. We offer high quality legal services in a variety of matters, including breach of contract, medical malpractice, personal injury, crime victim advocacy and many more. Our experience helping and advocating for our clients in South Florida can help you.