Punitive Damages

[electrospect]

What is the name of your state? FL
I have a court mediation on Aug. 14th for a small claim for $4931.85 owed to me by a former employer (see Deadbeat Former Employer post). The limit on this small claim is $5000.00. This former employer has lied to the state unemployment office forcing me to file an appeal to their denial, which was based on his lie, which I have successfully had overturned. Also, he cut off my health insurance and somehow prevented me from eligibility for COBRA (I am currently researching this as well). My question is... can punitive damages be added in excess of the $5000.00?

 

[dcatz]

No, you’ll have to move to a higher court.

And establishing an entitlement to punitive damages can be difficult in any case and despite the facts particular to yours. You may want to retain counsel. Then, if there is no statutory or contractual right to attorney’s fees, you only recover what you’re claiming in SC and fail to establish a right to punitive damages, the whole process may cost as much or more than what you expect to get in SC.

That’s the downside, and I hope you do better if you make the choice, but it’s something to think about.