I am preparing a motion to amend complaint under Fl stat sec 768.72 . I seek to show "intentional misconduct" per sub para (1). So I need to show "wrongfulness". Would a failure to comply with a statutory disclosure obligation suffice? Or do I need to get a misdemeanor conviction against wrong doing to use that basis?
A criminal conviction is generally not needed, but you need an evidentiary basis to make a reasonable showing that you are entitled to punitive damages. This requires you to have taken depositions, obtained documents and gotten a good amount of discovery done. I would suggest that you retain an attorney. If this is a personal injury case, you won't have much trouble finding an attorney who will take it on a contingency basis. Best of luck to you.
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