There's no indication in this report of any suggestion to modify perhaps the most troubling aspect of punitive damages: that the punishment imposed on the defendant takes the form of an economic windfall to a plaintiff (and plaintiff's attorneys presumably) who has, by definition, already been «made whole» by the compensatory
portion of the damage award.
Not exact matches
The liability
portion of homeowners insurance covers you against lawsuits for bodily injury or property
damage that you or family members or pets cause to other people, as well as court costs incurred and
damages awarded.
The potential for a successful plaintiff to have to pay a substantial
portion of their
damages to the defendant because the amount
awarded for
damages at trial was less than an earlier offer is a legitimate concern.
For a premium the issuer
of the product undertook to pay any
portion of an adverse cost
award over and above the
damages awarded to the plaintiff.
We work on a contingency fee basis, which means that if your case is settled and you recover
damages, we will collect a
portion of that
award.
In a post on this site last November, «Why the new s. 258.3 (8.1)
of the Insurance Act will retroactively scale back prejudgment interest rates in MVA actions,» I stated that the statutory amendment reducing the rate
of prejudgment interest for non-pecuniary
damage awards (
damages for pain and suffering and the non-pecuniary
portion of dependent family claims) in automobile tort cases must be applied retroactively.
The British Columbia Negligence Act provides that when an injured person is partly at fault for the accident, she can still recover a
portion of her
damages, although her degree
of fault will reduce the
award in a proportionate amount.
Jury
awarded a
portion of the
damages claimed on the drainage and development claims and returned a defense verdict on other claims.
The final
portion of this opinion that a three - judge panel
of the U.S. Court
of Appeals for the First Circuit issued today contains an interesting discussion
of the potential for overlap between a jury's
award of damages for emotional distress and what a jury might have
awarded had it been advised (as it should have been but was not at the original trial) that an
award of punitive
damages in favor
of the plaintiff was appropriate.
, pursuant to section 45
of the law governing EI, if someone receives EI and then is later
awarded wrongful dismissal
damages, the wrongfully dismissed employee must legally repay EI a
portion of what is
awarded as wrongful dismissal
damages.
Then, her
damages award is reduced by the
portion of her fault.
If the former employee fails to prove that a constructive dismissal has occurred the employee will not be entitled to any
award of damages and, as the loser
of the court action, will likely be ordered to pay a
portion of the employer's legal costs.
In determining the
portion of a settlement or
award that is taxable, the IRS will analyze the nature
of the claimed
damages.
A
portion of punitive
damages is
awarded to the state.
The office
of the attorney general may negotiate and compromise [its
portion of] a punitive
damage award»)
§ 34 -51-3-6 (d)(«The office
of the attorney general may negotiate and compromise [its
portion of] a punitive
damage award») and Ga..
The punitive
damage provision in the massive highway funding bill, H.R. 3, also holds that any
portion of a punitive
damage award covered by the defendant's insurance will be included in the defendant's gross income.
The liability
portion of homeowners insurance covers you against lawsuits for bodily injury or property
damage that you or family members or pets cause to other people, as well as court costs incurred and
damages awarded.
If the spouse receives personal injury compensation during the marriage, any
damage award or settlement is marital property, even that
portion of it that compensates for a spouse's loss
of well - being.