Legal Language for Damages

General damage is less quantifiable, but it has a very real impact on a person`s life. These damages are not economic, and so they involve things that do not necessarily have a documented piece of evidence such as an invoice. As a result, general damages are sometimes more difficult for a personal injury lawyer to calculate and prove than special damages. General damages can cover: There are many factors to consider in determining how much you should legitimately receive as a plaintiff. Your personal injury lawyer will ask you many questions to fully understand how the injury affected your life. One of the benefits of hiring a personal injury attorney is that they may be able to identify damages you didn`t know you were entitled to. Many people are aware of compensation for expenses such as medical bills, but some may not know that injuries such as emotional pain or PTSD deserve compensation under the law. Damage is also called actual damage. They are intended to compensate for the losses suffered by the injured party. Most people are more familiar with compensation because it is the type of compensation most often awarded for bodily injury. The amount awarded depends on the amount of damage, loss or injury suffered by the plaintiff (the injured party takes legal action against the defendant). DAMAGES, NOT LIQUIDATED. An undetermined amount owed to one person by another person for injury to the person, property or relative rights of the injured party.

Since these damages are unknown, they cannot be offset against the claim that the tortious debtor has against the injured party. 2 Dall. 237; S. C. 1 Yeates, 571; 10 Serg. and Rawle 14; 5 Serg. and Rawle 122. In the event of personal injury, compensation is calculated on the basis of the severity of the damage suffered (see general damage below for more details). In the case of non-personal injury, e.g. a professional negligence claim against a lawyer, the amount of damage is calculated on the basis of the damage suffered by the client as a result of the negligent act or omission of the lawyer who caused the damage. The damage must be reasonably foreseeable and not too small. Financial losses are usually easy to quantify, but in complex cases involving loss of pension rights and projections of future losses, the hired lawyer will usually hire an actuary or specialized accountant to help quantify the loss.

At common law, damages are a remedy in the form of money paid to a plaintiff as compensation for loss or injury. [1] To justify the award, the applicant must prove that a breach of duty caused foreseeable harm. To be legally recognized, the loss must include property damage or mental or physical damage; Pure financial losses are rarely counted in the award of damages. [2] The amount of damages must be real and tangible, although it may be difficult to determine with certainty, especially in cases involving claims such as pain and suffering or emotional distress. In determining the amount of damages to be awarded, a trier of fact (the jury or, failing that, the judge) must exercise sound judgment and common sense based on general experience and knowledge of economic and social issues. Under these general guidelines, the jury or judge has broad discretion to award damages in an amount considered reasonable, provided the amount is supported by the evidence in the case. In contract law, if a court considers that the injured party is not properly prejudiced, it may award a specific performance. Tort damages are generally awarded in order to put the plaintiff in the position he would have been in if the tort had not occurred. [14] Damages for breach of contract are normally awarded to put the claimant in the position they would have been in if the contract had not been breached. This can often lead to a different level of damage. In cases where it is possible to make a contractual or tortious claim, it is necessary to be clear about what achieves the best result. Damages, as the name suggests, are intended to compensate the injured party for the loss or injury.

Punitive damages are awarded to punish an offender. There are other amending terms that precede the word damages, such as “lump sum damages” (damages stipulated in contract) and “symbolic damages” (when the court awards a nominal amount such as a dollar). For certain types of violations, the laws stipulate that winning parties must receive multiples of their “actual damages” – for example, triple damages. In certain situations where this is provided for by law, triple damages may be awarded. In such situations, a statute empowers a judge to triple the amount of monetary damages awarded by a jury and order that a plaintiff receive three times that amount. For example, the Clayton Act of 1914 (15 U.S.C.A. §§ 12 et seq.) requires that triple damages be awarded for violations of federal antitrust laws. The legal definition of “damages” is a sum of money to which a person is entitled after another party has caused harm to him or her by a breach of an obligation or right. If you are injured due to the fault of another person, company or group – perhaps in a car accident, a truck accident, a slip-and-fall incident, a case of abuse in nursing homes or any other type of accident involving bodily injury – you may be entitled to compensation.

Compensation is a legal term that becomes very important if you are injured in an accident. DAMAGES, FILING, PLEADING. In the case of personal and mixed acts (but not criminal proceedings for obvious reasons), the statement must conclusively state that the damage is caused to the plaintiff; and must indicate the amount of damage. Com. Dig. Pleading, C 84; 10 Rep. 116, b. 2.

In the case of personal actions, a distinction is made between actions that appear harmful and those that are not; But in both cases, it is also usual to pay damages. However, there is this difference: in the first case, damages are the main subject matter of the action and are therefore always set at a sufficiently high level to cover the entire claim; but in the latter case, the liquidated claim or the movable property claimed being the principal object, damages shall be claimed only for the retention of that claim or movable property; and are therefore usually placed on a small amount. The plaintiff may not claim more damage than that claimed in the declaration. Com. Dig. Pleading, C 84; 10 Rep. 117, a, b; Wine. From. Damages, R. 3.

In the case of actual actions, no compensation should be paid because in these cases the claim applies specifically to the country held and damages are in no way the subject of the action. Steph. Pl. 426; 1 puppy. Pl. 397 to 400. Tort damages are generally awarded in order to put the plaintiff in the position that would have been taken in the absence of the tort. Tort or tort damages are classified into two categories: general damages and special damages. Punitive damages, also known as exemplary damages, may be awarded to a plaintiff in addition to damages if a defendant`s conduct is particularly intentional, gratuitous, malicious, vindictive, or oppressive. Punitive damages are not awarded as compensation, but to punish the offender and deter others who might behave in the same way. To define damages in law is to cite damage or loss resulting from the violation of property, person or reputation.3 min spent reading Cooper Industries, Inc.

participated in a trademark infringement lawsuit accusing Cooper Industries of using photographs of a knife manufactured by Leatherman Tool Group. A jury awarded Leatherman $50,000 in general damages and $4.5 million in punitive damages. On appeal, the United States Court of Appeals for the Ninth Circuit upheld the trial court and based its analysis on abuse of authority. This standard is very respectful of the actions of the trial court and allows appellate courts to overturn a decision only if the trial judge has manifestly abused his or her authority. In comparison, de novo review empowers the Court of Appeal to consider all evidence of punitive damages, regardless of the decision of the trial court. In general, punitive damages, also known in the United Kingdom as exemplary damages, are awarded not to compensate the plaintiff, but to reform or discourage the defendant and similar persons from pursuing an action such as that which caused harm to the plaintiff. Punitive damages will only be awarded in special cases where the conduct was extremely insidious and exceeds the amount of damages, such as malice or intent. It is expected that there will be considerable judicial deference in their application. In the United States, punitive damages are subject to limitations imposed by the provisions of the Fifth and Fourteenth Amendments to the United States Constitution. Damages are paid to compensate the plaintiff for any loss, injury or damage suffered by the plaintiff as a result of another person`s breach of duty that caused the loss. [7] For example, damages may be awarded as a result of a claim for negligence under tort law. Expected damages are used in contract law to put an aggrieved party in the position it would have taken but for the breach.

[8] Damages can be classified as special and general. [9] An important limitation on the award of damages is the obligation to mitigate damages. The non-breaching party is required to reduce or minimize the amount of damages to a reasonable extent. No compensation may be paid for losses that could reasonably have been avoided or substantially mitigated after the breach.

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