A nominal award can act as an official declaration by the court that the defendant’s conduct was wrongful and a protected right was violated. But according to many personal injury attorneys, they are also rare and typically limited to specific violations.
While nominal damages do not provide a large financial payout, they do serve a vital legal purpose. Keep reading as the client-centric legal team at Rue & Ziffra delves into this topic to give you a better understanding of what nominal damages are and why they matter.
Yes. In Florida, nominal damages are minimal, symbolic monetary awards given to a plaintiff whose legal rights were violated. But the caveat: No significant harm or financial loss resulted from their actions. This amount can be as low as a single dollar, and while a personal injury claim usually revolves around recovering financial compensation for your losses, nominal damages serve several specific, strategic purposes. Let us discuss those now.
The purpose of nominal damages is to prove that the defendant acted negligently or breached a duty of care, even if no major injuries occurred. A symbolic amount, like a $1 award, establishes liability. It means you successfully proved the defendant violated a legal right or breached a duty.
In complex personal injury cases involving our state’s modified comparative negligence rules, nominal damages can legally establish fault. Because recovery is barred if you are deemed more than 50 percent at fault for an accident, a symbolic award limits your own liability.
Under Florida Statutes § 768.72, punitive damages generally cannot be awarded on their own. Securing nominal damages first can sometimes act as the necessary baseline required to pursue punitive damages. So when a jury finds a defendant liable and provides you with a symbolic award of nominal damages, this ruling can open the door to a lawsuit for a settlement that punishes the at-fault party for malicious or grossly negligent misconduct.
Winning a judgment for nominal damages may allow the court to order the defendant to pay your legal fees and associated court costs. Under Florida Statutes § 57.041, if you recover a judgment, even if you are awarded nominal damages, you are legally entitled to recover your legal costs.
Understanding the types of damages available in your personal injury case is crucial to ensuring your rights are protected. If you were in an accident and are unsure of the scope of your damages, it is vital to seek the advice of an experienced personal injury attorney.
The attorneys at Rue & Ziffra are local and ready to take on your personal injury case, so start with our offer of a free consultation. So if you were injured, let us support you through every phase of the legal process.
Rue & Ziffra – Your Trusted Personal Injury Lawyers
N/a
