Not exact matches
Denton said that he estimates there's a roughly 1 - in - 10 chance that Gawker will face «disaster» — meaning that they lose the trial, the
jury awards Hogan a large
amount in damages, and Gawker is required to put up a bond for the full
amount while it appeals the ruling.
A
jury awarded $ 1.4 million to two former workers who brought a 1995 lawsuit; a similar 2012 suit was settled for an undisclosed
amount.
Wealthy people are the most likely targets of lawsuits, and
juries tend to
award plaintiffs high
amounts when the defendants seem to have the means to cover the exorbitant costs.
They tell us that making sure corporations are held accountable when their actions harm consumers, employees, or communities (70 %) should be a much higher priority for the civil justice system than limiting the
amount of compensation that
juries can
award for pain and suffering.»
And even where
amounts for wrongful conviction are large — for example, as reported at the Northwest Wrongful Convictions Web site, Alejandro Dominguez was
awarded $ 9 million by a
jury for wrongful conviction — he also spent four years in prison.
An amendment to the Oregon Constitution prohibits judicial review of the
amount of punitive damages
awarded by a
jury «unless the court can affirmatively say there is no evidence to support the verdict.»
After finding petitioner Honda Motor Co., Ltd., liable for injuries respondent Oberg received while driving a three - wheeled all - terrain vehicle manufactured and sold by Honda, an Oregon
jury awarded Oberg $ 5 million in punitive damages, over five times the
amount of his compensatory damages
award.
July 4, 2011 - In this maximum injury claim for pain and suffering (Bransford v. Yilmazcan, 2010 BCCA 271) despite The
Jury awarding a claimant $ 385,000.00 for pain and suffering and the Trial Judge reducing the
amount to $ 327,350.00, the Court of... Continue reading →
This means that the
award of punitive damages can not exceed the
amount of actual damages that the
jury awards.
Although a
jury may provide a higher
award, the court will reduce the
amount of the
award to comply with the damage cap law after the verdict is rendered.
While Colorado allows a
jury to
award these damages meant to punish the defendant, Colorado caps the
amount of the
award on a one - to - one basis.
In affirming, both the State Court of Appeals and the State Supreme Court rejected Honda's argument that the punitive damages
award violated due process because it was excessive and because Oregon courts have no power to correct excessive verdicts under a 1910 amendment to the State Constitution, which prohibits judicial review of the
amount of punitive damages
awarded by a
jury «unless the court can affirmatively say there is no evidence to support the verdict.»
The court had instructed the
jury,» [I] f the medical, hospital, rehabilitation, or physical therapy expenses were paid by a third party such as a medical insurance company or a health maintenance organization, that party can seek reimbursement from any
amount paid from any judgment you may
award.»
The Court of Appeal upheld all aspects of the
jury's
award except for the
amount of punitive damages.
A judge or a
jury could
award you a significant
amount of money, however without the underlying insurance company in place to pay you, it will be up to you to attempt the collect the money from the uninsured driver.
A
jury awarded her and her husband $ 1.5 million in damages for pain and suffering, but lower courts reduced that
amount to $ 500,000 due to limits in the medical malpractice law, which was passed after the case was decided in 2003.
Juries are given wide discretion and latitude in determining the
amount of damages it will
award to the victim.
After a four week trial, the
jury found for the defendant on all fraud claims and
awarded $ 150,000 on the contract claim, an
amount which was significantly less than the offer of judgment made by Lightfoot two months before trial.
Thus, whether damages are calculated using lost income (economic) or loss of support and companionship (non-economic), the court or a
jury is not limited in the
amount of damages it may
award.
After deciding the
amount of damages sustained, the judge or
jury determines the
amount of fault to attribute to each party and reduces the victim's
award by the
amount that he or she is responsible for.
Personal injury damages are influenced by a number of factors considered by
juries and judges when determining the
amount of the
award in each case.
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 court explained that, while it is not always appropriate for a judge to override the
jury, in instances where the damages
award is shockingly low or high, the trial judge is in a position to adjust the total
award amount.
In the case, Riley v. Ford Motor Company, the court determined that the trial judge properly adjusted the damages
award in favor of the plaintiff after the
jury returned a shockingly inadequate
amount.
As products have generally become more complex and sophisticated, and the number of large damage
amounts being
awarded by
juries have grown, the courts have brought a heightened focus to light on these issues.
Jury trial for personal injury claim, acting for the defendant: Gehlen v. Rana, 2009, BC Supreme Court, unreported — Court
awarded damages less than
amount offered
Since Florida permits damages
awards in defamation actions based on elements other than injury to reputation, and there was competent evidence here to permit the
jury to assess the
amount of such injury, the first of these conditions was satisfied.
If the determination places 20 % of the fault on the speeding driver, and 80 % of the fault on the driver running a red light, when the
jury proceeds to calculate damages, the
amount of potential damages
awarded to the speeding driver will be reduced by 20 % because they are at fault for that
amount of the accident.
Instead, you will present clear evidence of your wage loss, and if you win your case, the
jury will be able to
award you that specific
amount in compensatory damages.
The substantial success of the plaintiff is clearly demonstrated by the large
amount of damages
awarded, the finding by the
jury that the defendant acted maliciously and the total injunctive relief being granted.»
The
amount of liability coverage available through the other driver's policy will influence what you can actually expect to receive in a settlement or
jury award.
It may be difficult to put a figure on these types of damages but our firm has been successful in settling cases and convincing
juries to
award the maximum
amount of pain and suffering, and non-economic damages that our clients deserve.
Meaning, the percentage of fault allocated to the victim is deducted from the
amount of damages
awarded by a
jury.
If the
jury award exceeds that cap, then you will be limited to getting the
amount of the cap.
To be
awarded these damages, the judge or
jury will determine the specifics surrounding the injury, and they will then assign a dollar
amount to those injuries.
This remains an inexact science; no one can predict the
amount of money that a
jury is going to
award the plaintiff if liability is found.
Without documented proof of an injury, your own testimony simply isn't enough to compel a
jury to
award you an arbitrary
amount of money, and the defendant's insurance company knows this.
The
jury can decide the
amount of punitive damages it wishes to
award.
This is not to say I think the
jury should have
awarded anything above the minimum after finding liability, but it is to say the
jury was free to
award that
amount and even a more without review, especially given the vastly larger number of works for which damages were not sought.»
The
jury found for the plaintiff and
awarded 20 weeks salary in damages, the
amount specified in her employment contract, $ 200,000 in aggravated damages against the employer for the manner of dismissal, and $ 1,000,000 in punitive damages.
[59] The plaintiff submits that
awarding costs to the defendants from the date of their offer (January 16, 2015) would thwart the clear intention of the
jury because it would reduce the
amount available to the plaintiff by about $ 80,000.
If a settlement or
jury verdict is obtained on your behalf, it is important to understand that you will probably not receive the full
amount of the settlement or
jury award.
The
jury awarded a gross
amount of $ 962,560 to the plaintiff.
You must consider what types of damages are legally compensable in your car accident claim, and what
amount of damages a court or
jury is likely to
award.
The
jury award will break down each category of damages, giving you a better idea of the
amount of general damages you should seek.
Courdin v. Meyers, 2005 BCCA 91 - the
jury awarded the claimant a total
amount of $ 1,456,500.00 for injuries suffered in a rear - ended car accident, $ 950,000 for pain and suffering non-pecuniary general damages.
If you can get past all the legal challenges and be
awarded punitive damages, in most circumstances, you're limited to an
amount between $ 200,000 and $ 750,000, depending on the the actual «economic» damages determined by the
jury.
The
jury may
award that particular
amount or another
amount that the
jury believes is reasonable.
Ultimately, a
jury awarded a verdict to the mother in the
amount of $ 2,250,000.00.
Judges and
juries have a lot of discretion to
award punitive damages; however, in some cases the
amount of the punitive damages can far exceed compensatory damages.