Damages

In law, damages are an award, typically of money, to be paid to a person as compensation for loss or injury. The rules for damages can and frequently do vary based on the type of claim which is presented (e.g., breach of contract versus a tort claim) and the jurisdiction. At common law, damages are categorized into compensatory (or actual) damages, and punitive damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are noneconomic damages such as pain and suffering and emotional distress.
Posts about Damages
  • CREATIVE AVENUE FOR JUDGMENT CREDITOR TO COLLECT A JUDGMENT

    … a judgment entered against it (known as the judgment debtor) while it is contemporaneously the plaintiff and pursuing monetary damages in an unrelated case or cases. This case also presents an avenue for a judgment creditor to pursue in the event other post-judgment collection efforts are unsuccessful. In this case, a judgment creditor received…

    Florida Construction Legal Updates- 10 readers -
  • BREACH OF A CONSTRUCTION CONTRACT & AN EQUITABLE REMEDY?

    … trust for quantum meruit. The problem was that the family trust was deemed a party to the contract. Because the family trust was a party to the contract, the contractor could NOT recover any damages under an equitable theory such as quantum meruit or unjust enrichment. This was a harsh ruling, but the correct ruling since the contractor was deemed…

    Florida Construction Legal Updates- 11 readers -
  • PROVING & DEFENDING LOST PROFIT DAMAGES

    … I have written numerous articles regarding the challenge in proving lost profit damages. Yes, lost profits are a form of damages in business disputes, but they are a form of damages that are subject to a certain degree of conjecture and speculation. For this reason, lost profit evidence is oftentimes precluded from being presented at trial…

    Florida Construction Legal Updates- 13 readers -
  • TeBaerts v. Penta Builders Group Inc., 2015 BCSC 2449

    … Following our client’s success in her wrongful dismissal trial (see summary here), we brought a successful court application on her behalf for additional legal costs against her ex-employer. Since our client had made the employer a formal offer to settle early in the proceedings and the court awarded her more at trial than the amount she had…

    Wendy Woloshyn/ kentemploymentlaw.com- 11 readers -
  • THE DEFENSE OF BETTERMENT IN CONSTRUCTION DEFECT DISPUTES

    … There is an affirmative defense referred to as betterment in construction defect cases. This is a defense raised to challenge the amount of damages incurred by the plaintiff when the plaintiff performs repairs BETTER than the original design / contract documents. See Grossman v. Sea Towers, Ltd., 513 So.2d 686, 688 (Fla. 3d DCA 1987…

    Florida Construction Legal Updates- 57 readers -
  • TENDERING UNDISPUTED SUMS TO CUT OFF ACCRUAL OF INTEREST

    … Disputes over the quantum of money owed are not uncommon. For instance, say a subcontractor claims it is owed $500,000 from the general contractor and the general contractor disputes this amount. Say that of this $500,000, $300,000 is undisputed contract balance and $200,000 is disputed change orders. In this situation, what should the general…

    Florida Construction Legal Updates- 8 readers -
  • St. Louis Car Accidents and Pain and Suffering

    … Victims of car accidents are often left wondering as to whether they can claim damages for pain and suffering. In Missouri, these are referred to as non-economic damages. If the accident was the other party’s fault and you have suffered physical, mental, and emotional injuries as a result, you may make a claim for pain and suffering. Can I Make…

    Christopher Hoffmann/ St. Louis Car Accident Attorney- 34 readers -
  • Recoverable Damages in a Car Accident Lawsuit

    … What are the different types of damages that are awarded in a personal injury lawsuit? A car accident can result in injuries that range from minor to debilitating. If you have sustained injuries as a result of an automobile accident, you can file a personal injury lawsuit against the driver responsible for causing the accident. If your lawsuit…

    Christopher Hoffmann/ St. Louis Car Accident Attorney- 32 readers -
  • USING THE YARDSTICK TEST TO PROVE LOST PROFIT DAMAGES

    … It’s all about proving your damages! One category of consequential damages that parties sometimes seek is lost profit damages. Lost profits, though, are one of the most difficult damages to prove. If a party is interested in pursuing lost profit damages (such as when the opposing party materially breaches their contract) it is important…

    Florida Construction Legal Updates- 10 readers -
  • What kind of damages can I get in my discrimination case?

    … indifference to the federally protected rights of an aggrieved individual. (2) Exclusions from compensatory damages Compensatory damages awarded under this section shall not include backpay, interest on backpay, or any other type of relief authorized under section 706(g) of the Civil Rights Act of 1964 [42 U.S.C. 2000e–5 (g)]. (3) Limitations…

    Mike Ivancie/ Ivancie Law- 39 readers -
  • What makes a good police brutality case?

    … Potential clients always ask me, “What makes a good police brutality case?” Damages. Good damages makes a good police brutality case. I have clients all the time tell me about some of the most outrageous police conduct. Then I ask, “what is your worst injury?” The answer to that question that controls how much your case is worth. I…

    www.zeigerfirm.com- 25 readers -
Get the top posts daily into your mailbox!