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When a person is injured by a tort is entitled to both monetary damages and punitive damages?
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What are Damages intended to punish a defendant and deter the defendant from engaging in the same tortuous conduct in the future?
Punitive damages are monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.
Monetary award to an injured person to compensate for loss?
Damages
What kind of legal proceeding may an injured person seek monetary damages?
civil
What are the remedies in tort?
Remedies in tort law typically involve compensation for the injured party. Common remedies include monetary damages to compensate for the harm suffered (compensatory damages), punitive damages to punish the wrongdoer, and injunctive relief to stop certain behavior or actions. The specific remedy awarded will depend on the nature of the harm and the circumstances of the case.
What is the purpose in awarding punitive damages?
Where as compensatory damages are intended to recompense the injured party for their losses, punitive damages are meant to punish those who they are applied against. Further, punitive damages are also known as exemplary damages. Aside from its intent to punish the defendant for his willful of malicious misconduct, this is also awarded to make an example of the defendant's wrong actions so as to discourage other persons or companies from committing the same offense.
Under which kind of legal proceeding may an injured person seek monetary damages?
Civil Law. By initiating a "TORT" action - a civil suit for damages.
What are damages and their classifications in law of tort?
Damages is a general term that can be used to describe the harm caused by a tort and can also be used to describe the compensation awarded to the person who suffered that harm. When it describes the actual harm, it refers to a physical, mental or out-of-pocket money losses as a result of the tort. When it describes the compensation for the harm there are 2 types, compensatory damages and punitive damages. Compensatory damages compensate the injured person for the injuries suffered as a result of accedental or intentional torts. Punitive damages punish the person committing the intentional tort. For intentional torts, both compensatory and punitive dameages may be awarded.
How much money does an insurance company pay out for accidents related to alcohol?
Well, this is a wide open question, and needs to be answered with more questions, I'm afraid. Are you referring to an insurance company to "pay out" for property damages or for bodily injury? If for property damage, the insurance company will never pay more than ACV (actual cash value). If for bodily injury, if the at fault party was found to be under the influence of alcohol, then 'punitive' damages would certainly come under consideration. This would consitute additional dollars paid to the tortfeasor (the injured party)and to be considered 'punitive' or, required of the defendant as 'punishment' for his/her actions. However, insurance companies do not pay 'punitive damages'. The reason the insurance companies do not pay for 'punitive damages' is because by their very nature (and I'm sure you can tell by their name), they are intended to be punitive; they are intended to serve as 'punishment'. If our insurance company paid out dollars that are to be our 'punishment', then we are not 'punished'. Punitive damages are only awarded by juries, when a claim has escalated to a 'complaint' filed in civil court. They can also be awarded by a judge.
What are you entitled to sue for if you are not at fault in an accident?
If you are involved in an accident that is not your fault you can sue on several grounds. Damages to the vehicle if you owned it. Medical bills if injured, pain and suffering, lost wages, etc.
What damages are available in common law?
In common law, the primary types of damages available are compensatory damages (to compensate the injured party for losses), punitive damages (to punish the wrongdoer for egregious behavior), and nominal damages (a small token amount when no significant loss is proven). Additionally, specific types of damages may be available depending on the circumstances of the case, such as special damages (specifically quantifiable losses) or consequential damages (indirect losses resulting from the breach of contract).
Are you entitled to any money if you were hit by a car but were still able to go to school?
Depends on where you live and the extent of your injury(ies). In some states you must meet a threshold to make a claim for damages. Mostly people meet the threshold by incurred $4k in medical bills. If you were not injured, did not go to the doctor and did not miss any work or school then you are likely not entitled to any damages. You haven't lost anything to recoup.
What is the difference between a breach of warranty and a breach of a condition?
A warranty is less important than a condition and does not impact on the main purpose of the contract. A breach of a warranty entitles the injured party to claim for damages ONLY. They may not repudiate the contract. A condition is a major term that goes to the root of the contract. Such term is essentials to the main purpose of the contract and therefore the injured party is entitled to repudiate the contract as well as make a claim for damages.
