Sentences with phrase «damages awards often»

This is why damages awards often account for losses like medical bills, lost wages, and in the case of wrongful death, funeral and burial expenses.
Examples of the type of conduct by employers that has repeatedly attracted a punitive damage award often includes one or more of the following:

Not exact matches

Netflix's latest documentary, Nobody Speak: Trials of the Free Press, was often colloquially referred to as the «Hulk Hogan» documentary which led many to believe that the sole focus of the film would center on the wrestler's legal entanglement with Gawker — which ultimately led to the news portal being bankrupted and shuttered after a Florida judge awarded Hogan $ 115 million in punitive damages.
Non-economic damages are not determined by an actual monetary loss and juries often have great discretion in making awards.
The results of this deposition will often significantly influence not only the outcome of the case, but the size of the recovery, and the award of punitive damages.
Since spinal cord injuries are often quite severe, damage awards for properly executed lawsuits can be extremely high.
The amount of money that is awarded for these damages is usually determined by a jury, although a judge must often approve the final verdict, sometimes adding interest and attorney's fees to the total.
The study shows that punitive damages are awarded to corporations more often than to human plaintiffs, and in higher amounts.
The proof of that future loss is sometimes a difficult task and usually involves medical assessment and / or actuarial assessment); d. past care cost (if you have spend money for your medical care that was made medically necessary owing to ICBC motor vehicle accident injury then you can expect to collect a sum of money equivalent to those reasonable treatment and medication costs please ensure that you keep the receipts and seek prior medical approval to eventually prove this loss); e. future care costs (if you will suffer repeated medical expenses in the future owing to your motor vehicle accident ICBC injury claim then you can collect a sum of money equivalent to that future loss); f. out of pocket expenses or «special damages» (if you suffer out of pocket expenses like for travel to / from medical appointments, cab fare, parking, etc, then this is also recoverable by you but again — keep track of these expenses in a log and keep a receipt book for later proof of this loss); g. legal costs (sum of the legal costs associated with advancing your injury claim are recoverable as the court system recognizes that often legal experts, lawyers and their agents are a necessary part of the process); h. other categories of damages: not discussed here are other categories of damages like «in trust claims» made largely for those who relatives who take care of you while you are recovering from your injuries or things like «loss of ability to enter an economically interdependent relationship» which might be awarded to a seriously disfigured potential spouse for his / her unlikely ability to become married in the future.
Another significant and surprising finding with regard to damages to corporations is that in the 2003 - 13 data, punitive damages were awarded to corporations much more often, and in much higher amounts, than to human plaintiffs.
Often times, they double or triple the amount of economic or other damages that are awarded.
The court will often award special damages for loss of earnings, medical expenses, property damage, and other measureable economic harms caused by the defendant's actions.
More often than not the jury will award higher general damages to plaintiffs who have been through a severe trauma.
However, they often fall short and in most cases the monetary award can not repair the damage that has been done.
Punitive damages are most often awarded after a fatal accident or an accident that results in a catastrophic injury that will have a long term significant impact on your life.
Some of these next steps can affect the award of damages, but often times is a long process.
PJI awards in serious accident cases have often been used to inflate damages awards by 5 % per annum, for the purpose of making allowances for lawyers» fees or to achieve other ends regarding the calculation of settlements.
As it is often difficult to prove that a person's harassing behaviour caused monetary damages, the time and effort of pursuing a civil claim will sometimes outweigh any damages (money) awarded to the victim.
Bad faith damages: Aside from typical severance - like damages for wrongful dismissal, the most often awarded «add - on» damages are for an employer's bad faith behaviour at the time of an employee's termination.
Taking a case completely to trial is often done in only the most egregious accident cases because it gives a sympathetic jury an opportunity to award punitive damages along with compensatory claims, especially when an accident involved a drunk driver or speeding driver or a commercial vehicle.
In this instance, the courts will award the employee common law notice (damages), which are often considerably more than minimal standards.
The last example will often be cases where there has been a large award of damaged for a personal injury or medical negligence.
While it's often raised, the cases discussed below show that it's typically not something that results in significant damage awards for successful owners.
This means that punitive damages are often sought (and more often awarded) to the same companies that complain about «jackpot justice.»
Employers often find themselves at risk of a moral damage award because of unchecked animosity between the terminated employee and his or her manager.
For generations, most facts that would help a business person understand the risks involved have been solely anecdotal: this judge is somewhat pro-plaintiff or pro-defendant; the opposing counsel has a reputation for being aggressive or smart (or not); juries in this jurisdiction often make runaway damage awards or are notoriously parsimonious.
Often after trial ICBC will argue that some of the awarded damages should be reduced for this reason.
Even when the terms are more or less favorable to the plaintiff, damages awarded are often a fraction of what they would be had the matter been resolved in court.
When the plaintiff can convince the court of the defendant's liability, judges and juries often award considerable damages because of the crimes» egregious nature.
Rob is often able to settle cases and have the debt deleted, negative collection information removed from the credit report, and monetary damages awarded to his clients.
Researchers needed to either go through each case one - by - one or search for language that was often used in close proximity, such as the terms «damages» or «award
Punitive damages often rise to millions of dollars, so most places have caps on these awards.
The type of employer conduct that has repeatedly attracted punitive damage awards in employment law cases often includes one or more of the following types of misconduct:
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).
Brain injury cases often yield damage awards which are higher than other cases, but it all depends on the facts of the case, the nature of the injury, and the person's functional level before and after the accident.
The elderly are often susceptible to greater injuries than younger people, but this susceptibility is not to be considered in awarding damages.
[111] If the prosecutor decides to close an investigation, for example because of an inability to identify the perpetrator, the victim can still sue the Ministry of Interior for damages for harm caused during detention in a police station under the ministry's control, which often results in civil courts awarding compensation to the victim.
When jurors believe the defendant must pay all the verdict out - of - pocket, they often award the victim less than the full damages.
One response to this problem is to note that those situations simply won't occur too often, and if they do, these results should not be viewed as controversial compared to the various cases in which courts have upheld punitive damages awards that constitute a far higher percentage of net wealth or value than what I've suggested under retributive dam - ages.
Although the vast majority of civil litigants never receive an award of punitive damages, the times that juries do award punitive damages often make the news.
That being said, while Quebec courts will sometimes hesitate to award moral damages to corporations for troubles and inconveniences, they often award damages for reputational damages, which are considered moral damages.
From a practical perspective the four main difficulties are that (1) people convicted of crimes often lack the income or assets to pay judgments, (2) there are double recovery issues involved in reconciling restitution awards in a criminal case (where the measure of damages is narrower) and damage awards in a civil case (where the measure of damages is broader), (3) there are priority issues involved in reconciling criminal awards for fines, restitution and costs, in each case with civil awards for damages, and (4) if the defendant declares bankruptcy, the non-dischargeability of the civil judgment must be affirmatively raised and proved (often this is elementary but there are strict time limits) in the bankruptcy proceeding.
Legal expenses, awarded damages and additional funds are often provided.
Juries are often happy to award treble damages and attorney's fees against investors, so caution is in order.
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