What Are Damages?
In the American legal system, the primary remedy for harm is money. When a Florida court determines that one party wrongfully injured another, the court awards damages, a dollar amount designed to make the injured party "whole" (to restore them to the position they were in before the harm occurred).
Types of Damages in Florida
- Compensatory Damages — Direct, out-of-pocket losses. If a contractor's negligence caused $200,000 in water damage to your building, compensatory damages reimburse that $200,000.
- Consequential Damages — Indirect losses that flow from the breach. If the water damage forced you to close your restaurant for three months, the lost profits during those three months are consequential damages.
- Punitive Damages — Extra money awarded to punish the wrongdoer for especially egregious, reckless, or intentional conduct. Florida Statute 768.73 caps punitive damages at three times the compensatory damages or $500,000, whichever is greater.
- Nominal Damages — A small symbolic amount (often $1) awarded when the court finds a legal violation occurred but the plaintiff suffered no actual financial harm.
- Liquidated Damages — A pre-agreed amount written into the contract that specifies exactly how much the breaching party will pay.
Mitigation of Damages
Florida law imposes a duty to mitigate. The injured party must take reasonable steps to minimize their losses after the harm occurs. A landlord whose tenant breaks the lease cannot simply leave the unit vacant for the remaining lease term and sue for the full lost rent. The landlord must make reasonable efforts to re-rent the unit, and can only recover the rent lost during the period the unit was actually vacant despite those efforts.
Related Terms
- Breach of Contract — The most common legal basis for a damages claim
- Comparative Negligence — Reduces damages by the plaintiff's percentage of fault
- Liquidated Damages — Pre-set contractual damages
Barnes Walker Damages Recovery
Barnes Walker's trial attorneys pursue maximum damages recovery in Florida real estate disputes, calculating compensatory, consequential, and punitive damages with forensic precision and presenting compelling evidence to juries that consistently delivers results. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC