How are damages calculated in tortious interference with expectancy cases?

The most common way to get compensation for tortious interference is to sue for damages for the loss suffered by the person who was deprived of the legacy or gift.  To get damages, you need to figure out the value of the asset in question at a time that’s relevant to the case and with a good degree of certainty.

Damages for intentional interference with someone’s rights or expectations can also include past and future mental or emotional distress caused by the interference. There’s also no reason why punitive damages couldn’t be sought in appropriate cases where the tort action is allowed.

There’s also a remedy called restitution. This can involve holding the wrongdoer to a constructive trust or imposing an equitable lien. In these cases, relief should be given in the form of a constructive trust by holding the defrauder, who gets the legal title to the asset, as a constructive trustee for the victim of the fraud.  In another words, this is a legal fiction that is created to help aggrieved parties recover their damages.

Conclusion

If someone wrongfully gets the benefits of a legacy or gift, they’re unfairly getting richer at the expense of the plaintiff. Florida Trust and Probate Litigation is best suited for a skilled advocate to aggressively represent your interests and protect your rights against unscrupulous family members and greedy parties.  If you are a party to a Florida Will or Trust Contest, call Miami lawyer Andrew J. Pascale at 877-667-1211 to help you better understand your circumstances.  This blog does not constitute legal advice and is for illustrative purposes only.