What is called When damages are apportioned according to the degree a plaintiff contributed to his or her injury?
What kind of damages can a plaintiff recover if a defendant's actions have been fraudulent wanton or outrageous?
The kind of damages a plaintiff can recover if a defendant's actions have been fraudulent, wanton, or outrageous depends on the damages to the plaintiff. If the actions are wanton, the damages tend to be higher than if they are simply fraudulent.
The plaintiff is the party that sues another for a debt or damages.
When a plaintiff sues the federal government for monetary damages the Court of Federal Claims hears the case.
A plaintiff is a person who sues another. An example of the word plaintiff used in a sentence might be, "The plaintiff was suing the defendant over the broken lease and the alleged damages to the apartment."
If the plaintiff ASKS for, or agrees to ACCEPT, an equitable remedy, this could be true statement.
Generally, the plaintiff in a civil case has the burden of proof. The plaintiff must provide enough evidence to convince a judge or jury that her claim should succeed and she should be awarded damages.
The "prayer amount" is the demand for a specific dollar amount of damages. At the ender of the allegations of a count of the complaint, plaintiff prays for jdgment in an amount of damages plaintiff thinks the case is worth. That is obsolete now as most suits now have a "demand amount" instead.
What is it called when all or part of the damages may have been caused by the behavior or action of the plaintiff?
Damages are the amount of money awarded to the plaintiff in a lawsuit. Damages are generally determined by the judge using established guidelines based on type of offense and severity. In civil cases damages are based on the actual loss incurred because of the tort and may include penalties.
One who seek the justice. Another View: The plaintiff is the person who initiates a court action by filing a complaint with the clerk of the court against a defendant and demanding damages, performance, and/or a court determination of their rights. A plaintiff is sometimes called a petitioner. THey are the party who initiates the court action.
What court would hear the case when a plaintiff sues the US federal government for monetary damages?
US Court of Federal Claims would hear those cases.
Both Contributory and Comparative negligence are theories which take into account the fact that a person injured by a tort by another person may also have been negligent and actually partially caused the injury. Individuals are charged with taking such actions that a reasonable person would take under ordinary circumstances to protect himself/herself from injury. Under the common law rule of contributory negligence, if the injured person failed to take such action, he/she would be… Read More
Why does the plaintiff have to prove all 4 d's of negligence while the defendant needs to only disprove one?
Dereliction of a duty directly causing damages. A defendant does not have to prove or disprove anything. The plaintiff carries the burden of having to prove all required elements of any action. If four elements are required and the plaintiff can only prove three, then the plaintiff loses. As with the people wishing to sue for finding hair in their french fries, if you lack damages or injuries, you lose. If you are injured, but… Read More
A counterclaim is an affirmative claim that a defendant in a lawsuit brings against the plaintiff suing him or her. An "affirmative claim" is in addition to the usual defense to a plaintiff's complaint, where the defendant simply denies plaintiff's allegations against defendant. An example is in a car accident case where both sides believe the other was at fault, plaintiff sues defendant for damages from the accident alleging defendant was negligent. Defendant files an… Read More
Punitive damages is also a type of Monetary remedy which is designed to punish the defendant for behavior that shocks the conscience of the finder of fact. Punitive damages are meant to serve as a deterrent. Unlike most compensatory damages for civil suits, the purpose of punitive damages is not to make the plaintiff whole, but to punish the defendant. Punitive damages are not awarded in every civil case and most states have strict rules… Read More
The word plaintive is an adjective,meaning sad, or mournful, or sounding that way. The similar word plaintiff is the person (or legal entity) who goes to court in a civil legal proceeding seeking redress or damages. The person accused by the plaintiff is the defendant.
There are no set awards of damages in civil cases. The jury must consider the relevant facts, and estimate the appropriate amount to "make the plaintiff whole" or put the plaintiff in the place where he/she would have been if not wronged.
Yes. If the money damages awarded by a jury are deemed to be excessive as a matter of law the judge may order the plaintiff to remit a portion of the award. This order is called remittitur.
The elements of such an award will depend on the laws of the state and the federal Americans with Disabilities Act. (ADA). An award of damages in this kind of suit can consist of legal and equitable relief. The legal relief would consist of compensatory and possibly punitive damages as well as an award of plaintiff's counsel fees. Compensatory damages would include monetary losses incurred as a result of the termination, such as back pay… Read More
malicious prosecution,i would say, is an action for damages against the plaintiff by the defendant on various grounds....but solely out of malice,ill-will,spite....when i mentioned various grounds i meant that they were just excuses that the defendant used to prosecute the plaintiff whereas in fact his main reason was malice. here,the plaintiff and defendant can be old enemies or even competetors in the industrial realm or otherwise.Also, this case of malicious prosecution will not be justified… Read More
Question is unclear. Are you looking for the word TORT? Torts are civil wrongs, as opposed to criminal offenses, for which there is a legal remedy for harm caused.
This question is vague, because "pleading" means many things. It could be the actual document you file, or it could be a specific statement in that document that you plead. Assuming you want to know what the pleading is called, the answer depends on jurisdiction. In Federal courts, for example, the initial pleading of a plaintiff is called a "complaint." In states that closely follow the Federal Rules of Civil Procedure, the word complaint is… Read More
A remittitur entered by an appeals court is a reduction in the amount of damages, without reversing the underlying judgment that plaintiff was entitled to damages. When awarding damages, a jury has to do so based on the evidence. If it is clear that a jury misinterpreted some evidence as to damages and awarded an amount that is clearly against the weight of the evidence, the court will reduce the total damage award by the… Read More
Damages for which there's no basis of action by itself. e.g. the plaintiff could recover for emotional distress (parasitic damage) caused by injury, but only if it accompanied by a physical or pecuniary injury.
A person or party filing a lawsuit. A plaintiff is the person who initiates a court action by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of their rights. A plaintiff is sometimes called a petitioner. The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. a plaintiff is the party… Read More
In Louisiana if a plaintiff loses a civil case due to the testimony of an expert can the plaintiff hold the expert witness personally liable for damages?
No, not unless the "expert" gave false testimony which would set the stage for an appeal by the either side. The purpose of having an expert witness testify in any case civil or criminal is to sway the jury to the side that is presenting the evidence, so the plaintiff would have no grounds to sue someone who presented factual, truthful claims.
Nothing in this post constitutes legal advice. Georgia generally applies a modified comparative negligence approach in apportioning fault in negligence actions. A plaintiff can recover his damages from a negligent defendant discounted by the plaintiff's percentage of fault; however, when the plaintiff's fault is greater than the defendant's the plaintiff cannot recover. So, where a plaintiff's injuries amount to $100,000, and the plaintiff is found to be 30% at fault and the defendant 70%, the… Read More
Virtually every civil lawsuit has two components to be proved by plaintiff to win the case: liability and damages. In a car accident it is sometimes unclear who was at fault.Sometimes both were at fault either equally or in different degrees of comparison. If plaintiff fails to prove defendant was negligent, then defendant is not liable for plaintiff's injuries, no matter how serious. The key to a defendant winning a case like that is to… Read More
Typically, before a plaintiff files suit, he sends a demand letter to the defendant outlining the injury and requesting a specific amount of damages be paid to avoid filing a lawsuit. If the defendant's insurance company is responsible, a copy of this letter would also be sent to this insurance company.
Negligence, Intentional Torts, and Strict Liability I. Negligence The elements of proving negligence (with examples) 1. defendant has a duty to the plaintiff (to keep the grocery store safe) 2. defendant breached that duty (by leaving a banana peel on the floor for two hours) 3. the breach proximately caused (plaintiff slipped on the banana peel) 4. plaintiff's damages (plaintiff says ouch!) Main defense to a negligence claim -- remember that Georgia is a comparative… Read More
If you are 17 and your legal guardians agree to let you live with a friend can you and what are the consequences?
There are many psychological and emotional issues that can arise from this situation. Those can't be predicted because that is dependent on the individuals involved and what the friends living situation is. However, a 17 year old can't enter into a contract (such as a lease) but can be sued for legal damages, and if the plaintiff wins can collect damages from a 17 year old even if the person has no current income; a… Read More
Generally, it means that a plaintiff does not have to show actual damages before having a viable lawsuit. For example, in slander and libel law, before a slander suit can win damages there must be proof that the person slandered suffered some type of harm like loss of prestige in the community or loss of business. However, some slanders, like saying a particular person is a convicted criminal, are actionable per se, meaning that the… Read More
You can file a counter suit or sue for damages. You should consult with an attorney who can review your situation and explain your rights and options. You can file a counter suit or sue for damages. You should consult with an attorney who can review your situation and explain your rights and options. You can file a counter suit or sue for damages. You should consult with an attorney who can review your situation… Read More
No, the defendant does not have to have "intent" to be held liable for a tort. The plaintiff only has the prove that damages were caused and that the defendant caused them. Whether the defendant caused them intentionally or negligently is, usually, irrelevant.
Pray is a term subject to different meanings, but in the legal context, it refers to the specific amount asked for as damages at the end of a complaint or petition. A prayer gives the judge an idea of what is sought, and a defendant who fails to answer may have a default judgment entered against him/her for the amount prayed for. For example: "The plaintiff prays for (1) special damages in the sum of… Read More
A remedy is the way by which the court addresses the plaintiff's complaint when the plaintiff wins her case. The remedy can take many forms such as a court order to have a right enforced or to prevent some action, or the award of monetary damages.
Punitive damages that are awarded in a lawsuit are generally not taxable in the state of New York. However, they can become taxable if they are used to pay or compansate the plaintiff for non-persoanal injuries.
Generally, by definition, a tort is any wrongful action, not arising out of contractual obligations, for which damages may be sought. Tort law is a body of law that defines and addresses civil negligence, injury and compensation for the resulting damages. Examples of tort actions are: civil suits for damages resulting from an assault; injuries from dog bites; injuries from car accidents; fraud; defamation; nuisance; breach of fiduciary duty; trespass; product liability. If a plaintiff… Read More
In a civil lawsuit, there are actual (compensatory) damages sought by the plaintiff, and these are decided by the judge or jury. The other type of damages that can be awarded are punitive damages, which can be much higher. Punitive damages are just what the term implies: punishment for the actions by the defendant. If the judgment finds that the activity by the defendant was knowingly wrong or negligent, the defendant is punished by a… Read More
In a tort, breach of contract, or other civil case, the person(s) or entity(ies) commencing the lawsuit is/are the Plaintiff(s). This is the party who claims to have sustained money damages as a result of the actions or inactions of the party(ies) being sued (called the Defendant(s)). The Plaintiff has the burden of proof on all elements of the cause of action, including proving the quantum of damages. In other types of civil actions, such… Read More
No. Compensatory covers actual expenses or losses. Punative is a punishment and is not based on actual losses or expenses, although they may be a factor in the determination of the amount. To further differentiate compensatory damages from punative, the former is based on the injuries, loss, or harm suffered by the injured party as well the specific amount of money lost as a result of the injuries while the latter may be awarded to… Read More
If the plaintiff (government or private individual) is successful in a lawsuit a company can be found responsible for causing the contamination of land. The court can force the contaminator to clean up the contamination and can award damages to the owner of the land that was contaminated. The plaintiff could make transfer of title to the defendant a part of the suit. You should seek the advice of an attorney who specializes in this… Read More
If another person was driving your car and you were the passanger and the car was in an accident and they decided to sue who would the person sue you or the other driver?
They would sue both of you. He would be sued for being negligent and causing the accident. You would be sued for negligently letting him drive the car. They would claim that you knew or should have known that he was a poor driver and you should not have let him drive the car. It is a stretch to make an allegation like that but it will be made, primarily so that the plaintiff can… Read More
Yes, they can be sued, but the suit will not be successful. (In the US, anyone can sue anyone for anything at any time. The question is not whether they can sue, but whether they can win. The type of lawsuit you are asking about is a libel or slander suit (oral or written). In order to prove this kind of suit, the plaintiff (here the celebrity) must assert that the defendant said something that… Read More
The most any one plaintiff can win - if he /she can PROVE dollar damages, not just illegal treatment, is $500,000 MINUS whatever legal fees and expenses your case cost your lawyer. Figure on 50% going to the lawyer.
In the state of minnesota Jude flaw appears in court as plaintiff the defendant charged that Mr Flaw failed to complete plumbing work he promised to do the case is to be tried in?
Civil court - possibly as a "small claim" or, for a larger job, as a full fledged suit for damages and/or contract default.
Respondents are not found "guilty." That word is usually reserved for criminal trials. They may be found "liable" or "at fault" or some similar expression. In my jurisdiction, respondents who lose their cases are usually required to pay "triple damages," the legal fees of the plaintiff, and some sort of punitive damages, which are based upon the seriousness of the bad behavior and the ability of the respondent to pay.
The measure of damages in a claim for breach of contract is that sum that would place the Plaintiff (the aggrieved party) in the same position as he/she/it would have been had the contract been performed by the breaching party. This is most frequently meaured in terms of money, but under certain circumstances, the remedy for breach may be "specific performance"--in other words, getting the court to order the breaching party to actually do that… Read More
The defendant files an Answer to the Complaint. In the Answer, defendant responds to each allegation of the complaint, one by one, stating whether the defendant admits, denies or leaves plaintiff to his proofs as to each individual allegation. Also, a defendant might file a counter-claim, if defendant has an affirmative claim against plaintiff. A defendant might also file a cross-claim if defendant believes that some other person is responsible for plaintiff's damages.
What is the primary purpose of a civil action generally i.e tort action. Versus the primary purpose of a criminal action?
Civil is usually surrounding the plaintiff chasing some level of damages, financial or property. Criminal refers to an act of punishment for wrong doing be it time or work