Tag: compensatory-damages
-
What types of compensation can be sought in a personal injury case?
What is the value of a personal injury claim? The primary form of compensation, compensatory losses, can be further categorized into economic and non-economic damages. Economic damages encompass financial losses and expenses, such as medical bills, lost wages, property damage, and additional care costs. On the other hand, non-economic damages are more subjective and take…
-
What Types of Damages Can I Recover in Cases Involving Wrongful Death?
What Economic Damages Are Survivors Entitled to in a Wrongful Death Case? How can damages for wrongful death be calculated? Various factors are taken into account for determining the monetary value of damages in a wrongful death case. To compute compensation for wrongful death, the potential income of the deceased will be multiplied by the…
-
What are compensatory damages?
If you succeed in a legal case, you might be eligible for a monetary award referred to as “damages.” Damages, typically categorized as punitive and compensatory damages, serve different purposes. While punitive damages aim to penalize the responsible party for their misconduct, compensatory damages solely aim to provide financial compensation to the injured individual.
-
What Is the Distinction Between a Wrongful Death Case and a Survival Action?
Wrongful demise cases center around the harm endured by surviving individuals. Conversely, survival actions aim to secure compensation that the victim would have been entitled to if they had survived. The personal representative of the estate initiates survival actions, and payments are awarded in favor of the estate, which holds significant importance for the beneficiaries.…
-
What can I anticipate receiving from a settlement after a vehicle collision?
Settlement amounts stemming from car accidents can vary significantly. The worth of the claim is influenced by both the damages incurred and the factors causing the accident. To arrive at an estimate, the first step involves calculating compensatory damages, encompassing medical expenses, property damage, and income lost due to the incident. Following that, careful consideration…
-
What is the maximum compensation possible for a motorcycle accident?
What kind of insurance should I have for my Motorcycle? What is Auto Accident Compensation (AAC)? Average compensations for motorcycle accidents are misleading because of the extreme variance. Minor injury and property damage cases may settle for as little as $10,000 to $15,000. On the other hand, major injury and wrongful death claims can go…
-
What Is the Average Settlement for a Slip and Fall Accident?
Slip and fall settlements range from a few thousand dollars to hundreds of thousand to seven figures. It depends upon the extent of the damages sustained by the plaintiff. Settlements encompass compensatory and general damages. Compensatory damages include the direct financial harms of the injury: medical bills, property damage, lost income, and other pecuniary damages.…
-
What actions can be taken if you think a debt collector has breached the law?
Where can you report a debt collector for an alleged violation of the law? How can I prevent a debt collector from contacting me in Florida? Many individuals are unaware that they have actually given their consent for the debt collector to contact them in their loan agreement or credit card agreement. It is crucial…
-
Understanding Conflicts of Interest in Florida Class Action Cases
1. In the case of Young v. Achenbauch, the Florida Supreme Court found that the balancing test used by the Third District Court of Appeals was inappropriate for addressing conflict of interest issues in class action lawsuits. 2. The court determined that the Florida Rules of Professional Conduct fully addressed the conflict of interest issue…
-
Unauthorized Damage to Trees by Others
1. Carol’s neighbor, Jim, cut down a significant portion of Carol’s trees, causing them to die. 2. The owner of a tree has the right to seek compensation for damage or destruction of the tree. 3. A property owner can sue for compensatory, statutory, and punitive damages in the event of tree damage. 4. State…
-
“Consequences of Breaking a Contract in Florida”
1. Florida law recognizes both express and implied contracts. 2. When a party breaches a contract, the non-breaching party has the right to sue for damages. 3. Damages can be compensatory or punitive in nature. 4. Compensatory damages include direct, consequential, liquidated, and incidental damages. 5. To recover damages, the non-breaching party must prove that…
-
Understanding Attorney’s Fees in Florida
– Attorney’s fees in Florida are only available if allowed by contract or statute. – Attorney’s fees incurred outside of litigation may be recoverable as compensatory damages, if pled as special damages in a later lawsuit. – Non-litigation related attorney’s fees may be recoverable as special damages if they were necessary due to a tortfeasor’s…
-
Common Questions about Disputes in Florida Business Partnerships
– A partnership in Florida is created when two or more people associate to carry on a business for profit. – Intent to form a partnership can exist even without a written or verbal agreement. – The formation, operation, withdrawal process, and dissolution of a Florida partnership are typically governed by the Florida Revised Partnership…
-
Disputing Florida Construction Liens: Is it Fraud or Just a Big Argument?
1. Florida law allows construction liens for money owed for labor, services, materials, or other items required by the direct contract. 2. Florida’s construction lien statutes do not allow increasing the lien amount based on breach of contract by the property owner. 3. Florida Statute Section 713.31(2)(a) states that a lien is fraudulent if the…