In the alternative, they seek to reduce the quantum
of the general damages award to $ 25,000.
Not exact matches
The ruling «could result in some substantial
damage awards,» said Gwendolyn H. Gregory, the deputy
general counsel
of the National School Boards Association.
It is that
general damages for distress are
awarded in only two situations (i) where the claimant has suffered
damage, presumably financial loss, and (ii) where the personal data have been processed for artistic purposes, literary purposes or the purposes
of journalism.
In particular, compensation for economic loss occurring as a result
of general legislative acts (such as the one in Achmea) is not easily forthcoming under EU law or national law, whereas in Achmea the tribunal
awarded the claimant investor some 22 million euros in
damages.
Florida law requires that a non-economic
damages award must be reasonably related to both the facts
of a case and the
general trend in similar cases.
Natalya was also
awarded $ 3,500 in
general damages for breach
of her human rights, as that is the amount that she sought in her application and the Tribunal did not agree to her proposed amendment at hearing to request more due to perceived prejudice to the employer.
He referred to the judge who prepared the guidelines for the assessment
of general damages and quoted a remark saying that «in terms
of personal injury claims, # 750 would nowadays be the minimum or very close to the minimum,
award for the very slightest physical injury deserving
of damages at all».
Having established all three potential forms
of liability for defamation, Mr. Pritchard is
awarded $ 50,000 in
general damages and an additional $ 15,000 in punitive
damages.
The court
awarded $ 321,000 in
general damages, $ 100,000 in special
damages and home adaptation, $ 100,000 for the «in trust» claim, and $ 1,065,000 for loss
of future earning capacity / loss
of future earnings.
I was successful in securing an
award for
general damages,
damages for loss
of housekeeping capacity,
damages for loss
of income, special
damages, and
damages for the cost
of future care.
In
general commercial litigation, the courts may consider a number
of factors before
awarding lost profits, such as causation, mitigation, reasonable certainty, speculation, and whether or not the
damages are foreseeable.
Because
of the finding that he lacked credibility his
general damage award was significantly reduced.
Justice Bourgeois
awarded $ 30,000 in
general damages for mental distress and $ 150,000 in aggravated
damages, noting the impacts
of National Life's bad faith had extended from its suspension
of rehabilitation benefits to the week before trial when it had disclosed the IME.
The average
general damages award in 2003 - 13 is 2.4 times as high as that in 2003 - 13, which is similar to the size
of the increase for total
damages.
In every case in which there was an
award of damages, there was an
award of general damages.
While the statutory cap on compensation for unfair dismissal has crept upwards (it is now # 63,500) the rules governing the
award of damages for wrongful dismissal have remained, for the most part, not only stable but also consistent with the
general principles
of contract law.
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.
The Attorney
General, 2017 ONSC 1333, the Court allowed an employee's claim against his employer and two superiors for the «tort
of harassment» and
awarded significant
damages against the defendants as a consequence.
Because people's opinions vary widely regarding the dollar value
of such items,
awards for
general damages can be inconsistent from case to case, although they generally fall within a certain range.
The plaintiff was
awarded general damages of $ 100,000 in relation to harassment and intentional infliction
of mental suffering and $ 41,000 in special
damages for income lost due to career setbacks.
A Massachusetts judge
awarded double
damages under Massachusetts
General Laws, Chapter 93A, against Attorney David Driscoll
of Salem, Massachusetts.
As a result, although the plaintiff was
awarded $ 50,000 in
general damages, nothing was
awarded for loss
of housekeeping capacity, costs
of future care, and future loss
of income or income earning capacity.
In the end, the court
awarded the plaintiff $ 80,000, an amount at the high - end
of the range
of general damages, for pain and suffering.
Reid
awarded the plaintiff $ 50,000 for
general damages and $ 83,473 for economic loss, finding «the effects
of the Form 1 application on Dr. X were serious and prolonged.
In doing so, the judge adopted the approach taken in Johal, and considered that loss
of housekeeping capacity ought to be included in the
award for
general damages.
Given the severity
of the plaintiff's suffering, loss
of amenities, and loss
of enjoyment
of life in this case, I
award the plaintiff non-pecuniary
general damages in the amount
of $ 140,000.
In my view, the transfer
of non-pecuniary
damages, the label for
general damages for pain and suffering, and related loss
of amenities, to the
general calculation formula for PJI, will have a significant effect on
damage awards, not only in future but also in pending cases.
Generally, the factors that courts look at in
awarding general damages for pain and suffering are the nature
of the acts, the duration
of the abuse, the relationship between the perpetrator and the plaintiff, including any breach
of trust, the age and vulnerability
of the plaintiff and the impact on the survivor's life, including education and career.
Applying case law: On May 22, 2015, in the matter
of O.P.T. v. Presteve Foods Ltd., an employee was
awarded $ 150,000.00 in
general damages.
She
awarded a «modest»
award considering the application was brought under Simplified Rules, and
awarded general damages of $ 50,000.
For example, the plaintiff named Newman (a teacher and one
of the main targets
of the defamation) was
awarded $ 150,000
general damages; another plaintiff was
awarded $ 75,000 etc..
This recent decision should be an eye opener for employers, and it may be an indication that
general damage awards that involve the issue
of sexual harassment are on the rise.
The rational for
awarding punitive
damages is that the defendant's conduct was so reckless and grossly negligent, or so offensive, that the plaintiff should be
awarded additional
damages on top
of the special and
general damages to punish the defendant for its bad conduct.
A claim was brought on behalf
of Mr X's estate for an
award of general damages for his own pain and suffering and loss
of amenity prior to his death, past financial losses including a significant
award in respect
of the care that had been provided to Mr X by his family over the course
of his ill - health, together with funeral expenses and a significant
award for financial and service dependency for his surviving family.
In a 2005 national sample
of state courts
of general jurisdiction, half
of plaintiff winners in tort trials were
awarded $ 24,000 or less in
damages.
It's also worth noting that Texas law may have limits on the amount
of recovery you may be entitled to in a personal injury claim depending on several factors, including limits established by the Texas Tort Claims Act for actions against governmental entities, punitive
damage awards and
general damages awards on Medical Malpractice claims, just to name a few.
The employee, who lost his job in the process, was
awarded $ 7,500 in
general damages for injury to dignity, in addition to loss
of income.
So - called «
general» or «non-economic»
damages in civil claims where someone is killed are
awarded based upon California Civil Jury Instruction 3921, which states that a jury must come up with a dollar figure value for the loss
of, «love, companionship, comfort, care, assistance, protection, affection, society, moral support.»
The court also
awarded a number
of other remedies, including
general and aggravated
damages, punitive
damages, costs
of future therapy care, and future lost income.
Ct.), where the court stated ``... there is no ceiling on
awards of general damages under the Code...».
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.
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.
[134] Aggravated
damages are not in order, but given the seriousness
of the allegations and the extent
of the harm suffered, a significant
award of general damages is.
The Court
of Appeal considered «loss
of research career» and «loss
of reputation» as mixed components
of Dr. Horne's
general damages award.
The appeal deals with whether a U.S. court has jurisdiction under the Alien Tort Statute to
award civil
damages for human rights abuses committed by Lt. Pedro Barrientos, a former member
of General Augusto Pinochet's dictatorship, against deceased folk musician and political activist Victor Jara nearly 45 years ago in Chile.
The women were
awarded between $ 5,000 and $ 20,000 as
general damages for the breach
of the Code for injury to dignity and self - worth.
The applicant submitted certain sexual harassment cases in argument which involved higher
awards of general damages: see for example S.H v. M -LSB-...] Painting, 2009 HRTO 595 (CanLII), 2009 HRTO 595 (CanLII)($ 40,000), and Smith, supra (total
of $ 50,000).
I
award the plaintiff
general damages for defamation
of $ 50,000.
It is well accepted that previously - decided cases have limited value which usually consists in establishing a
general range
of damages within which the
award in a particular case may fall.