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Florida Torts
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


3-110 Florida Torts 110.syn


Title

Damages, Interest, Costs, and Attorney's Fees

Author

Janet C. Graham

Chapter Summary


ABSTRACT TEXT:

This chapter covers compensatory and nominal damages, costs and attorneys' fees that may be awarded to the prevailing party, along with prejudgment and postjudgment interest.

The chapter first examines the distinction between general and special damages. It includes an overview of the types of losses that are recoverable, the measure of damages for different types of injury to person or property, the factors that may affect the amount of the damage award, and remedies for excessive and inadequate damage awards. The discussion covers the types of costs that are recoverable in civil litigation and the governing authority on which the costs may be based.

The chapter then provides an extensive evaluation of an award of attorneys' fees under statutory authority, contractual authority, and the common fund rule, as well as for specific actions and for litigation incurred with third parties. The discussion covers the method by which courts determine the amount of attorneys' fees. Finally, the chapter examines the requirements for obtaining prejudgment interest, the duration of postjudgment interest, and the statutory rates of interest.

The chapter provides a Practice Guide for use in seeking recovery of damages, costs, attorneys' fees and prejudgment interest, as well as a variety of forms related to such actions.

Florida Torts provides a comprehensive review and analysis of virtually every theory of liability recognized under Florida tort law. It includes excellent step-by-step guidance through major types of personal injury cases in Florida, and covers each phase of a personal injury case, from initial investigation through discovery, and through post-trial motions, settlement and insurance. Each chapter covers parties involved, where incident occurred, instrumentalities, and types of occurrences. Florida Torts also includes helpful checklists, sample forms and research guides.

CORE TERMS:

Florida tort law,tort law in Florida,compensatory damages in Florida,nominal damages in Florida,costs in Florida,attorneys' fees in Florida,prejudgment interest in Florida,postjudgment interest in Florida,general damages,special damages,damage awards in Florida,excessive damages,inadequate damages,statutory interest rates in Florida

RELATED CHAPTERS: (View)

For a more detailed discussion of apportionment of damages under the comparative fault statute, see Ch. 4, Defenses and Apportionment of Liability.

For a more detailed discussion of damages for pain and suffering, see Ch. 111, Pain and Suffering.

For a more detailed discussion of damages for economic loss, see Ch. 112, Economic Loss.

For a more detailed discussion of damages for loss of consortium, see Ch. 114, Loss of Consortium.

For a more detailed discussion of damages for wrongful death, see Ch. 115, Death and Survival Actions.

For a more detailed discussion of punitive damages, see Ch. 113, Punitive Damages.

For a discussion of the taxation of tort damages, see Ch. 117, Taxation of Tort Damages.

OTHER RELATED PUBLICATIONS:

See Attorney's Fees in Florida (Matthew Bender) for up-to-date information on all aspects of attorney's fees in Florida, including issues that arise when contracting with clients, accepting offers and going to trial.

See Florida Civil Procedure (Matthew Bender) for practical yet comprehensive analysis of the entire spectrum of civil procedure in Florida.

See LexisNexis Practice Guide Florida Personal Injury (Matthew Bender) for essential guidance on building a strong personal injury defense, including judicial commentary, practice tips from top litigators, as well as step-by-step checklists and sample forms.

See Personal Injury: Actions, Defenses, Damages (Matthew Bender) for encyclopedic treatment of the personal injury law of every American jurisdiction, along with forms for bringing and defending the suit, compiled from the actual files of eminent practitioners.

See Damages in Tort Actions (Matthew Bender) for in-depth legal and policy analyses of compensatory and punitive damages in personal injury, wrongful death, and property damage cases.
 
 
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