Think a breach of confidentiality guarantees a payday? Florida law says otherwise. Courts demand that you prove damages with hard evidence—not assumptions or hypothetical losses. Under Fla. Stat. § 90.502, privileged information is protected, but when a breach occurs, the burden shifts to the plaintiff to show actual harm.
Florida Standard Jury Instructions 504.2 make it clear: damages must be tied directly to the breach and quantified. That means you need documentation—contracts, financial records, witness statements, and expert testimony—to connect the dots between the breach and your losses. If your claim relies on speculation, Florida Rule of Civil Procedure 1.510 allows the court to grant summary judgment against you. Real-world cases show that vague claims rarely survive. Judges scrutinize every dollar claimed, and only well-supported losses make it to trial.
Timing is critical. Evidence must be gathered quickly, and expert witnesses may be needed to calculate damages. Don’t let your case hinge on guesswork. Our firm helps you build a foundation with facts, not assumptions, so your claim stands up in court.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
