Sentences with phrase «general damages compensate»
General damages compensate the injured person for non-monetary damages such as pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium or companionship.
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Dave Anderson, one of the authors, said that the report might «provide fodder» to those such as state attorneys general or private plaintiffs taking legal steps to force the industry to more fully describe the risks of climate change to shareholders, or even to compensate for damages that ensued from emissions.
Based on the injury that is sustained, Florida has caps on the general damages that a victim can be compensated for.
General damages are in place to compensate the victim for the noneconomic loss such as emotional distress, and pain and suffering.
However, if in the same car accident the plaintiff suffered burns, which resulted in multiple surgeries and months of prolonged physical therapy, the general damages would be awarded to compensate the victim for the pain and suffering that arose from the defendant's negligent or reckless action.
While there are a few situations that won't qualify for a personal injury claim, the general rule is that if someone else was responsible and it can be proven, you can file for damages to compensate your losses.
General damages (these are intended to compensate you for the suffering, pain, and harassment you experienced at the hands of your employer or colleagues);
Like general damages, special damages are used to compensate the plaintiff for the loss caused by the defendant.
Non-pecuniary or general damages are meant to compensate and injured person for the loss of ability to fully enjoy life to the same measure as before he or she was injured.
Sulz v. Attorney General of Canada The British Columbia Supreme Court has awarded Nancy Sulz, a former RCMP officer, damages of nearly $ 1 million to compensate her for mental suffering arising from her supervisor's workplace misconduct.
These damages are types of general damages, which are designed to compensate you for:
Premature settlement may not compensate you for additional complications or loss which may occur after you sign the release form as well as any existing «general damages».
The concern raised by plaintiff's counsel, and it is a real concern, is that the jury may assume that because the plaintiff is relatively well - off she does not need to be compensated for future wage loss and they may reduce their awards for general and special damages as well.
An award of punitive damages is, therefore, an exception to the general rule that a court will only award monetary damages to compensate a plaintiff for his or her loss.
Depending on the particular facts and on the forum, the monetary awards compensate the victim for: past and future wage loss; general damages (compensation for pain and suffering); specific losses, such as intentional infliction of mental suffering or assault; aggravated damages (in the context of employment law, often relating to the manner in which the employer dismissed the employee); and punitive damages (a monetary award intended to punish the wrong - doer rather than to compensate the victim).
This statement of the full compensation principle springs from a long established tort rule summarised 129 years ago by Lord Blackburn in Livingstone v Rawyards Coal (1880) 5 App Cas 25: «I do not think that there is any difference of opinion as to it being a general rule that, where any injury is to be compensated by damages, in settling the sum of money to be given for reparation of damages you should as nearly as possible get at that sum of money which will put the party who has been injured or who has suffered, in the same position as he would have been if he had not sustained the wrong.»
To achieve this objective, the Ontario Legislature has given the Human Rights Tribunal of Ontario broad remedial powers to order compensation for loss arising out of the infringement (including lost wages and general damages to compensate for injury to dignity, feelings and self - respect), non-monetary restitution, or «anything that, in the opinion of the Tribunal, the party ought to do to promote compliance» with the Code.
Tort claims are meant to compensate you for your pain and suffering (general damages), past and future loss of income, loss of competitive advantage in the workplace, future care costs not covered by accident benefits, loss of enjoyment of life, special damages like your out - of - pocket expenses, aggravated damages, punitive damages, and any other damages which you sustained as a result of your car accident.
The current state of the law in Ontario requires you to have suffered a serious and permanent impairment of an important physical and / or psychological function in order to be compensated for general non-pecuniary damages for your pain and suffering.
In case of property damage, General Liability coverage will compensate the property owner for the physical damage to the property or the loss of use of that property.