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Ad damnum is a Latin phrase used in civil suits to indicate the amount of damages the plaintiff intends to claim. It is not necessarily the amount that will be awarded, but it gives an idea of the money at stake. The law surrounding ad damnum varies, and in some regions, it represents the maximum that can be granted without filing a motion to change the case. Plaintiffs often raise ad damnum to leave room for negotiation and encourage high damages. Awards exceeding ad damnum can occur when a plaintiff can show that the amount was set too low at the outset of the trial.
The Latin phrase “ad damnum,” translated as “to damages,” refers to a sum named in a civil suit that is supposed to reflect the loss suffered by the plaintiff as a result of the defendant’s actions. The plaintiff includes the ad damnum in the papers served on the defendant to advise the defendant of the amount the plaintiff intends to claim. This isn’t necessarily the amount that will be awarded if the plaintiff wins the case, but it does give the defendant an idea of the amount of money at stake. The law surrounding ad damnum clauses varies and it is important to know the applicable laws of the area in which the case is being investigated.
In some regions, ad damnum represents the maximum that can be granted without filing a motion to change the case. If the defendant fails to appear before the court and a sentence is pronounced against him in absentia, the amount of the sentence cannot be higher than the ad damnum. In some cases, this sum also applies to civil cases that go through a trial; otherwise, the defendant could actually be sanctioned for appearing in court with an award higher than the sum initially indicated in the lawsuit.
Plaintiffs often raise the ad damnum. They may be well aware that the full amount will not be awarded, but setting the bar high leaves room for negotiation and can encourage the jury to award high damages. In some areas lawyers are restricted when it comes to appointing an ad damnum, to avoid situations where very high claims are made and recognized and defendants pay well in excess of actual damages.
Awards exceeding ad damnum can occur when a plaintiff can show that the amount was set too low at the outset of the trial. There are a number of reasons why the amount may be set lower than it should be. For example, someone might claim the cost of replacing a car following an automobile accident and also seek compensation to cover medical bills, only to later learn that a medical issue related to the automobile accident was more serious and will require more care. In this case, he could file a motion raising ad damnum so that the jury can award a more appropriate amount given the changed circumstances.
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