Question 1

What are nominal damages in Florida?

Accepted Answer

Nominal damages are a small, symbolic monetary award (typically $) granted when: the plaintiff has proven a legal wrong (the defendant breached a duty or violated a right), but the plaintiff has not proven any actual damages (or the damages are too speculative to calculate). In Florida, nominal damages: vindicate the plaintiff’s legal rights (even without provable financial harm), establish the defendant’s liability (which can be important for precedent and deterrence), and may serve as a basis for an award of attorney fees (if a fee-shifting statute applies, the plaintiff may recover fees even when only nominal damages are awarded).

Question 2

When are nominal damages awarded in Florida?

Accepted Answer

Common situations: breach of contract with no provable damages (the defendant breached the contract but the plaintiff cannot prove financial loss), trespass (the defendant entered the plaintiff’s property without permission but caused no actual damage), violation of constitutional rights (a government official violated the plaintiff’s constitutional rights but the plaintiff suffered no monetary harm), and defamation (the plaintiff’s reputation was harmed but the financial impact cannot be calculated). Nominal damages are particularly important in civil rights cases: they establish that the defendant violated the plaintiff’s rights, even if the financial harm cannot be proven.

Question 3

Can nominal damages lead to attorney fee awards in Florida?

Accepted Answer

Attorney fees: in cases where a fee-shifting statute applies (such as civil rights cases under 42 USC 1983, or Florida statutes that provide for attorney fees to the prevailing party), the plaintiff who wins nominal damages may be entitled to recover attorney fees. However: in federal civil rights cases, the Supreme Court has held (Farrar v. Hobby) that a plaintiff who recovers only nominal damages is a "prevailing party" but the fee award should be proportional to the limited success. In Florida state cases: the availability of fees depends on the specific statute and the court’s discretion.

Nominal Damages Symbolic Award Victory

Nominal Damages in Florida

When Awarded

Purpose

Attorney Fees

Related Terms

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