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.