Once a plaintiff has initiated an action for false imprisonment the plaintiff may need to consider what damages he or she may be entitled to recover. The best way to ensure that you recover the maximum amount you are rightfully entitled to is by hiring a knowledgeable and skilled West Palm Beach intentional torts lawyer specializing in false imprisonment. As in most intentional tort claims, a successful plaintiff can recover compensatory damages for:

• Bodily injuries, physical suffering, or illness;
  
  

  Physical inconvenience and discomfort;

  Loss of time or losses sustained in business or employment;

  Expenses incurred as a result of the unlawful imprisonment;

  Mental suffering, including embarrassment, humiliation, deprivation of liberty, disgrace, and injury to the plaintiff's feelings and reputation; and
  Damages for diminution of earning capacity or ability to be employed.

  
  Additionally, a plaintiff may recover punitive damages for false imprisonment only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence. "Intentional misconduct" means that the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite the knowledge, intentionally pursued that course of conduct, resulting in injury or damage. "Gross negligence" means that the defendant's conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of the people exposed to the conduct.

  However, if the defendant is a private employer, punitive damages are not automatically assessed under principles of respondeat superior, but an employer may be held vicariously liable if:

  The employer actively and knowingly participated in the conduct;

  The officers, directors, or managers of the employer knowingly condoned, ratified, or consented to the conduct; or

  The employer engaged in conduct that constituted gross negligence and that contributed to the loss, damages, or injury suffered by the claimant.

  
  Additionally, a West Palm Beach false imprisonment lawyer will plead the necessary facts in the complaint to sustain a punitive damages claim in the future. Accordingly, once the court is satisfied that a punitive damages claim can be made, the West Palm Beach false imprisonment lawyer will seek leave to amend the complaint to include the claim for punitive damages.

  To recover all the damages you are entitled to it is essential that you have an experienced and skilled false imprisonment lawyer, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.