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?

    … In payment or collection-type lawsuits, the party suing for money sometimes asserts a claim for unjust enrichment or quantum meruit as an alternative equitable remedy to a breach of contract claim. Frankly, sometimes a party will do this as a means to throw everything against the wall hoping something, just something, sticks. However, if there…

    Florida Construction Legal Updates- 10 readers -
  • PROVING & DEFENDING LOST PROFIT DAMAGES

    … or lost profit damages are reversed on appeal. This is why it is imperative to ensure i’s are dotted and t’s are crossed when it comes to proving lost profit damages. It is also imperative, when defending a lost profit claim, to put on evidence and establish the speculative nature of the lost profit damages. In the recent decision of Arizona Chemical…

    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- 55 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

    … profitability, a yardstick needs to be established to prove lost profits with a reasonable degree of certainty. Please contact David Adelstein at dma@kirwinnorris.com or (954) 759-0026 or (407) 740-6600 if you have questions or would like more information regarding proving your damages. You can follow David Adelstein on Twitter @DavidAdelstein1 and Facebook at Florida Construction Legal Updates. …

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

    … the investigation process, and to a hearing or trial and received a ruling in your favor. Now, the question is, what can you recover? Purpose of Discrimination Laws – Appropriate Remedies The purpose of discrimination laws in general, including Title VII, the Rehabilitation Act, and the ADEA, are to put the person who was subject to discrimination in a position…

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

    … case, a potential client told me that he got into an argument with a police officer and the officer hit him one time in the face with a closed fist, then tased him while he was on the ground. The officer arrest him for disorderly conduct, aggravated assault, and resisting arrest. The client was in a coma and had four broken bones. The criminal case…

    www.zeigerfirm.com- 25 readers -
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