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Punitive Damages
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∙ 15y ago
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4 D's of negligence?
Concerning medical negligence, the 'four D's of negligence' is: "Dereliction of a Duty Directly causing Damages."(Dereliction means deliberate or conscious neglect)
What kind of cases to accident lawyers handle?
Accident lawyers deals with every type of accidents which is causes damages to the party which occured due to the negligence by others.
How are damages involved in a lawsuit?
Damages are the amount of money awarded to the plaintiff in a lawsuit. Damages are generally determined by the judge using established guidelines based on type of offense and severity. In civil cases damages are based on the actual loss incurred because of the tort and may include penalties.
Who decides punitive damages?
'Punitive damages' are awarded in civil trials, and usually the amount is decided by the jury hearing the case. In cases where a jury trial was waived, the amount is decided by the judge after considering arguments from both sides.
What do personal injury lawyer what do they do to help you?
A personal injury lawyer can help you pursue a case under civil law in which you were severely injured as a result of the negligence of another person. These attorneys build their client's cases by trying to prove the four elements of negligence-Duty of Care, Breach of Duty, Cause of Injury and Damages. The article below explains negligence in detail.
What is the legal term when a complaintant is awarded or asks for triple the amount being sought for in court?
The anser is treble damages. In certain cases the laws allow 'punative damages' intended to punish the defendant rather than just compensate the complaintant.
What are negligence attorneys for?
Negligence attorneys are lawyers that specialize in malpractice law and such cases. They deal with cases of employer neglect and failure to uphold safety requirements and other responsibilities.
Actual cases for nursing negligence?
Negligence happens in all professions, but when negligence happens in nursing it can be a matter of life and death. There are many examples of negligence which range from medication errors to neglect of the elderly.
What is General damages liability?
Damages are monetary sums awarded for injury, loss suffered, and/or damage to the claimant. They are usually 'restitutio in integrum' (compensatory in nature). The focus is on compensating the victim, not punishing the wrongdoer, this means that the damages awarded will be an indemnity and, as far as is possible with money, aim to place the claimant in a position they enjoyed before the accident. General damages are damages which the claimant need not necessarily prove, as the law presumes they will flow. They are usually unliquidated damages, namely damages with no tangible calculation. The most common type of general damage is compensation for pain, suffering and loss of amenities. General damages can also include 'future losses' which in most cases are speculative.
Is it possible to defeat a limitation of damages clause in a contract?
The first thing to do is read and understand exactly what is in the contract. The second is to read the consumer protection laws for the state/country in question. In many cases the laws specify a minimum level warranty and/or damages that must be provided, regardless of what the contract says. The other is that the laws or the contract doesn't apply in cases of gross negligence or malice. Depending on the amount of damages in question, it might be worth discussing with an attorney in your area.
What is the difference between medical negligence and negligence?
Medical negligence specifically refers to situations where a healthcare professional fails to provide a standard level of care, resulting in harm to a patient. Negligence, on the other hand, is a broader term that encompasses any situation where an individual fails to exercise reasonable care, leading to harm or injury to another person. Medical negligence is a subset of negligence that relates to healthcare settings.
Can you sue an endodontist who damages a nerve through a needle stick and you are rendered numb in the jaw area?
Professional negligence cases must be supported by expert testimony. You will need to find another professional in the same field to review your medical records to determine if negligence occurred. You should also consult a an attorney who specializes in malpractice law.
