Damages in the Legal Sense

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The purpose of damages is to return an injured party to the situation in which it found itself before being injured. Therefore, damages are generally considered a remedy and not preventive or punitive. However, punitive damages may be awarded for certain types of misconduct. Before a person can claim damages, the damage suffered must be recognized by law as worthy of compensation and actually suffered by the person. The other type of damages we have mentioned is called punitive damages. Punitive damages can also be called «exemplary damages» because they are intended to «set an example» so that negligent behavior does not recur in the future. Punitive damages will never be awarded alone, only if damages have already been awarded. They are relatively rare in cases of bodily injury – only indicated in about 5% of judgments. Only in cases where it is established that the defendant acted fraudulently, intentionally or intentionally and intentionally and wilfully will punitive damages be considered. If a court finds in contract law that the damages do not adequately compensate the injured party, it may decide to grant a certain advantage.

There is no single method or formula used to calculate the amount to which the claimant is entitled in a personal injury case. A personal injury lawyer must work hard to consider all appropriate compensation factors. The total amount of damages is based on a combination of special and general damages and, in some cases, punitive damages. In general, damages are the most concrete and identifiable types of pecuniary damages and include an amount for: To define damages in the law, it is necessary to cite damages or losses resulting from the violation of property, person or reputation. However, damages are compensation awarded to a natural or legal person who has suffered damage or loss as a result of the omission or act of another person. The offending party (i.e., the person(s) who caused damage or loss) must pay/compensate the injured party for the loss. The very bad Robert Courtney, a pharmacist, is a very bad guy; It diluted the vital cancer drugs of more than 30 patients! In addition to a prison sentence (30 years for his criminal acts), he also had to pay more than a billion dollars in punitive damages plus $225 million in damages! Are you a lawyer? Visit our professional site » In case of insured claims against maritime risks, in case of adjustment by valuation of the property, the damages will not be paid according to the main costs, but at the price at which it can be sold at the time of payment of the average. Damage is also called actual damage. They are intended to compensate for the losses suffered by the injured party.

Most people are more familiar with damage, as it is the type of damage most often awarded in cases of bodily injury. The amount of money awarded depends on the extent of the damage, loss or injury suffered by the plaintiff (the aggrieved party taking legal action against the defendant). With regard to the amount of damages, the general rule is that the offender is liable for all damages resulting from the direct and immediate breach of his agreement, but not for secondary and distant consequences. The law recognizes three broad categories of damages: damages to restore what a plaintiff lost as a result of unlawful conduct by a defendant; nominal damages consisting of a small amount awarded to a claimant who has not suffered or injured material damage but who has nevertheless suffered an interference with rights; and punitive damages, which are awarded not to compensate a plaintiff for the harm suffered, but to punish a defendant for particularly egregious and unlawful conduct. In some situations, two other forms of damages may be awarded: triple and liquidated. In case of bodily injury, it is important to be able to prove the damage; However, this can be difficult, especially in cases of professional misconduct where the doctor has overlooked the symptoms of an illness and thus caused damage.