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Restitutio in integrum is a Latin phrase used in law to refer to the appropriate amount of damages awarded in a civil suit. It includes financial damages, reinstatement of legal relationships, and compensation for future expenses. Courts use various tools to calculate damages, and attorney fees may be included. Unreasonable damages can be challenged, and criminal damages may be awarded as punishment.
The Latin phrase restitutio in integrum, meaning “to return to its original state,” is used in law to refer to an appropriate amount of damages in a civil suit. Under the law, when a plaintiff succeeds in their action, the damages awarded should be sufficient to fully remedy the situation, paying all costs associated with the legal matter, and also providing compensation for future expenses related to a case. This may also include paying legal fees so that the plaintiff does not have to incur large out-of-pocket expenses.
In a simple example, if a person sues in court for damages caused to a car during an accident and wins, the court will award enough money to fully repair the damages or replace the car if necessary. If the plaintiff has medical expenses as well, these should be covered, along with any money lost due to being unable to work. In the event of permanent disability rendering the applicant unable to work, restitutio in integrum would also include compensation for loss of future earnings.
This term does not only include financial damages. He can also enforce the reinstatement of a previous legal relationship, such as ordering an insurer to reinstate cover for someone he wrongfully left. While it is not possible to undo the events of the past, restitutio in integrum can provide compensation for those events and restore the situation as much as possible to the way it was before.
Courts use a number of tools to calculate reasonable damages for cases they hear. Usually, the plaintiff presents documentation that explains the expenses incurred and shows how they relate to the case. The judge may also investigate the matter to gather more information or order an impartial investigator to perform calculations such as determining how much money has been lost in future earnings. Unreasonable damages can be challenged by the defendant in the case and judges usually want to avoid that.
Depending on the jurisdiction, restitutio in integrum may include payment of the plaintiff’s attorney fees, as the plaintiff would not have spent that money had it not been necessary to go to court. Judges may also be allowed to award criminal damages in some cases, charging defendants more than restitutio in integrum as punishment and a warning to people considering similar activities. People who are unsure about the legality of an award can consult their attorneys to get more information and determine whether there are grounds for appeal.
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