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Saturday, October 16, 2010

Tampa Injury Lawyer - Damages part two

By Nicholas Dorsten


In Damages part one I asked a question....can the Defendant driver be punished for her reckless behavior (ie drinking and driving)? The answer to that is YES. I want to talk about punitive damages and how it can affect your Tampa or Pinellas personal injury case.

Punitive damages are a way of punishing reckless behavior by allowing a jury to award money to both the victim and his or her personal injury lawyer. The Courts have ruled that certain behaviors (such as driving under the influence, extreme negligence or wanton/reckless disregard for others safety) are so atrocious that the actions can be punished economically.

There are a few tricks to the punitive damages that not every clearwater personal injury lawyer knows. You need to have a motion to add punitive damages heard in front of a presiding judge. If granted, the jury will still not hear about the Defendant's reckless behavior until only IF and AFTER a jury verdict has been returned in the favor of you and your St. Petersburg personal injury attorney . At that time there would be a seperate "mini" trial where the jury gets to hear the allegations and can then choose to award extra money.

For more information, or to speak directly with an experienced Clearwater Personal Injury lawyer, please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the attorneys your questions at: info@blakedorstenlaw.com

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