In lawsuits for conversion, punitive damages are allowable where the circumstances surrounding the conversion are consistent with fraud, actual malice, deliberate violence, oppression, such gross negligence as to indicate a wanton disregard of the rights of others, or where the wrong partakes of a criminal character. Although punitive damages are not generally recoverable in conversion actions, an exception is made where there is some evidence in the record of actual malice or reckless disregard of the plaintiff's rights by the defendant in asserting control over the plaintiff's property.

The plaintiff's experienced West Palm Beach conversion lawyer will analyze the plaintiff's case and determine whether the plaintiff may be able to recover punitive damages depending on the circumstances of the case. For instance, the issue of whether punitive damages could be awarded to a judgment debtor was a factual issue for trial where the debtor's personal jewelry was taken from him through deception by the judgment creditor's attorney, who admired the jewelry during a deposition, asked to see it, and then refused to return it in a resort to self-help in collecting the creditor's judgment.

Additionally, damages in a conversion action may be limited depending on the plaintiff's interest in the property. That is, one having a special interest in property, such as a lienholder, with possession or a right to possession, can only recover the value of his or her interest in the property. Therefore, for example, a plaintiff in a conversion action against a bank could pursue the claim only to the extent of her one-half interest in the property.

A cause of action for conversion may have many complex issues. Therefore, you should consult with an experienced West Palm Beach conversion lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.