While there was no separate award of aggravated damages in Mosley for instance, aggravating conduct was relevant to the assessment of the award of general damages. Eady J commented:. As Lord Reid said, in the context of defamation, in Cassell v Broome :. He may have behaved in a highhanded, malicious, insulting or oppressive manner in committing the tort or he or his counsel may at the trial have aggravated the injury by what they there said.
Where a plaintiff has pursued alternative dispute resolution ADR or some other complaints mechanism prior to undertaking legal proceedings under the new privacy tort, a court should consider any compensation or other remedy obtained when assessing damages. These may result in the payment of compensation or an award of damages.
Advocates for persons experiencing domestic violence were concerned by the inclusion of this factor in the list of mitigating and aggravating factors. The ALRC also agrees that failure by a plaintiff to engage with a defendant who shows a willingness to settle a dispute prior to legal proceedings should only be used against a plaintiff in an award of damages, where it would be reasonable to do so in the circumstances.
Under state apportionment legislation, a court may reduce an award of damages in certain claims to the extent that the plaintiff was at fault, [59] but only where the defence of contributory negligence would have been a complete defence at common law.
Contributory negligence is not a defence at common law to intentional torts and the apportionment legislation therefore does not apply to such claims. However, as Eady J pointed out in Mosley,. On the other hand, the extent to which his own conduct has contributed to the nature and scale of the distress might be a relevant factor on causation.
Has he, for example, put himself in a predicament by his own choice which contributed to his distress and loss of dignity? However, it will be a matter for the court whether this should be considered in a particular case. Recommendation 12—3 The Act should provide that the court may not award a separate sum as aggravated damages. The NSWLRC explained that aggravating circumstances would already form some part of an assessment for general damages, stating:.
Recommendation 12—4 The Act should provide that a court may award exemplary damages in exceptional circumstances. The deterrent function of exemplary damages is arguably more valuable than the punitive function. The aim of awarding exemplary damages to deter similar conduct by others in the future has been recognised by Australian courts. In the UK, the Leveson Inquiry recommended that courts be able to award exemplary or punitive damages for actions in breach of confidence, defamation and the tort of misuse of personal information.
PIAC also supports the award of exemplary damages where other damages awarded would be an insufficient deterrent. Recommendation 12—5 The Act should provide for a cap on damages. The cap should apply to the sum of both damages for non-economic loss and any exemplary damages.
This cap should not exceed the cap on damages for non-economic loss in defamation. Any award for exemplary damages should be included in the amount of damages subject to this cap. The total amount of general damages for non-economic loss and exemplary damages awarded should be capped at the same amount as the cap on damages for non-economic loss in defamation awards. However, if a cap were to be introduced, they supported an alignment with defamation law.
A cap similar to that applied in defamation cases for non-economic loss would seem appropriate. If you are the plaintiff the person who started the case , then the law says that you have the "burden of proof.
Here is another way to look at this. It will depend on the type of case you have and the facts of your case. Here is some general information. First, research the law on your type of case. You have to understand the elements that are needed to prove your case. Next, look at the facts of your case. What evidence can you collect to persuade the judge that: 1 you were harmed and that 2 the other side caused this harm directly or hurt you via their failure to act?
Remember that proving you have been harmed in some way is not necessarily the same as proving how much you should be compensated. It is your responsibility to prove to the judge that the amount you ask for is justified. It is up to the judge to decide damages, however, you should be prepared to make an argument for the amount that you think is fair. If you are the defendant - You need to understand the law and what the plaintiff the person who sued you must prove. You can prepare in advance, but plan on being able to react to what the other side says during the trial.
Your job is to show one or more of the following:. So what are the types of damages? There are two types of compensatory damages you may be eligible for in your lawsuit: economic and non-economic. The list of documentation above is an example of economic damages. In short, these are any costs that are related to your injury that can be demonstrated through a paper trail.
These are costs that will have bills, receipts, and other documentation. Some economic damages that are not as concrete but can be approximated through your documentation include:.
A medical expert may need to be brought in to give testimony as evidence to prove these future economic damages. Some states may put a cap on the amount of civil damages you can recover, but most do not. This can include:. The amount of your non-economic damages will be determined based on the value of your total economic damages. A plaintiff must quantify their damages, usually with a dollar amount or other terms of payment.
Depending on the specifics of your case, you may recover:. To prove that a plaintiff owes you these damages you must demonstrate that:. In pursuing compensatory damages, the litigation process involves determining if a contract or duty existed, and if so, which requirements the liable parties breached.
Both sides in a dispute can make a case for the extent of the breaching and the consequential damages. There are other factors to consider in a legal claim, like the amount of hardship caused, negligent or willful behavior that contributed to the losses, and if the plaintiff can tie their losses to a dollar amount.
In cases where plaintiffs receive nominal damages, the dollar amount awarded is often no more than a few dollars. Unlike compensatory damages, punitive damages punish a defendant for willful, malicious, or fraudulent actions that harmed another party. The purpose of this type of damage is to:. Not every lawsuit warrants punitive damages.
While juries might award substantial punitive damages, the judge can decrease the amount of punitive damages based on the amount of compensatory damages awarded Hettinger, State laws also might limit the amount of punitive damages that a plaintiff may receive.
One of our personal injury lawyers can provide perspective of how your case would hold up, given the laws regarding your situation. For a free legal consultation, call Plaintiffs in civil lawsuits often have one of two motivations for pursuing a case: they need monetary compensation for the losses they have suffered, or they want someone to stop conduct that has harmed them or may harm them in the future.
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