Wrongful Death Damages are awarded to those harmed by a death someone is legally responsible for. Economic and non-economic damages are awarded, and the loser pays legal fees. Punitive damages may also be awarded. The amount of damages is determined by examining the facts of the situation. Wrongful Death Damages are funds awarded to people […]
Liquidated damages compensate for losses due to breach of contract. They must be fair and uncertain, not punitive. Contracts may specify damages or courts may award them. Consult a lawyer to ensure adequate damages and review contracts for liquidated damages clauses. Liquidated damages are damages that are paid for breach of contract. The damages are […]
General compensation, also known as pain and suffering, is sought in lawsuits for intangible losses such as emotional pain or loss of reputation. The judge determines if general damages are appropriate and the amount awarded. Evidence of loss must be presented to obtain general compensation. In legal terms, general compensation refers to any type of […]
Infringement damages are awarded in cases of copyright, patent, or trademark infringement. The owner of the intellectual property can sue for damages, which may include compensation for lost profits and an injunction to stop the infringing activity. Infringement damages refer to awards and judgments made by a court in an infringement litigation. Infringement litigation arises […]
Punitive damages vary by country, with some not awarding them. In the US, state laws and Supreme Court rulings govern their award, with no universal limit. They are meant to punish and deter intentional harm, and may be determined by a jury or judge. Many countries limit damages, and punitive damages are not usually available […]
When someone wins a patent infringement lawsuit, the court may order monetary damages or an injunction to stop the infringer from manufacturing the product. The damages are often equal to the amount the infringer made from the product, and proving speculative profits is difficult. Patent infringement damages refer to court-ordered remedies in the event a […]
A loss adjuster helps calculate damages for compensation in legal cases. They can analyze financial information, life expectancy tables, and industry-specific cases to determine economic losses. They also assist lawyers in preparing for cases and obtaining key information from opposing parties. A loss adjuster is a person who has special knowledge and skills in calculating […]
Consequential damages are indirect losses resulting from someone else’s actions, often compensated in civil litigation. They arise in contract disputes, insurance claims, and personal injury cases. Consequential damages can include lost income, repair or replacement of property, and medical expenses. Insurance policies and contracts may waive consequential damages due to their high cost. Consequential damages […]
Exemplary damages, also known as punitive damages, are awarded in court cases to punish the wrongdoer, not compensate the victim. They are only awarded in cases where the tort was committed intentionally, maliciously, or recklessly. Courts generally do not award exemplary damages in excess of four times the compensatory damages. Exemplary damages are awards awarded […]
Statutory damages are pre-established compensation awarded by a court in cases where statutory law is violated, such as patent infringement or public policy violations. They are outlined in legislation and cover expenses and losses incurred by the plaintiff. The plaintiff does not need to prove their worthiness, but the damages may be subject to special […]
Special damages compensate for out-of-pocket expenses incurred by a person or business entity due to injury or harm. This includes lost wages, medical expenses, and vehicle repair costs. The plaintiff’s health or auto insurance company may make a subrogation claim to recover expenses paid. The court determines if the expenses were caused by the defendant’s […]
Tort law deals with injury to person or property, and a victim can receive monetary compensation through actual, punitive, and aggravated damages. Different legal systems have varying types of compensation, and in the US, state laws determine compensation. Aggravated damages compensate for emotional injuries, and examples include pain, suffering, and emotional distress. Punitive damages are […]
Defamation damages compensate victims of false information that damages their reputation. Different types of damages can be awarded, including actual damages, personal distress, and punitive damages. Defendants must pay damages, and failure to do so can result in further legal action. Defamation damages are statutory damages awarded in a defamation case to compensate the victim […]
Negligent damage is compensation paid by a negligent party to an injured party. There are two categories of damages: compensatory and punitive. Compensatory damages cover out-of-pocket expenses and non-financial aspects of injury, while punitive damages punish the negligent party. Comparative negligence can reduce damages. The legal term “negligent damage” refers to the payment of money […]
