what is "time course of damage"

What is an overview of damages?

Damages: An Overview. Damages refers to the sum of money the law imposes for a breach of some duty or violation of some right. Generally, there are two types of damages: compensatory and punitive.

What does measure of damage mean?

Definition of measure of damage : the method under applicable principles of law for estimating or ascertaining with reasonable certainty the damages sustained by any party in any litigation

What are the different types of damages?

Generally, there are two types of damages: compensatory and punitive. (The term "damages" typically includes both categories, but the term, " actual damages " is synonymous with compensatory damages, and excludes punitive damages.) Compensatory damages, like the name suggests, are intended to compensate the injured party for loss or injury.

What are actual damages in a personal injury case?

In most cases this compensation comes from actual damages, also called compensatory damages, encountered by the plaintiff, like damaged property, medical bills, and lost wages.

What is the meaning of damages?

What is the definition of damages? Damages is an important concept under the law because unless a party suffers damage (i.e. a loss), he will not be paid damages (monetary compensation). Picture, for example, a situation in which a contract is breached: Joe has a contract to buy a boat from Stan for $400.

What is the legal definition of damage?

The legal definition of damage is loss or harm resulting from injury to a person, property, or reputation. The legal definition of damages, on the other hand, refers to compensation – such as a monetary judgment – provided to a person who has suffered a loss or harm due to the unlawful act or omission of another.

What is compensatory damages?

Compensatory damages to compensate you for your injuries and damages. Compensatory damages are money awarded to a plaintiff in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party. Compensatory damages are further categorized into special damages and general damages.

Why do not every case receive punitive damages?

Not every case receives awards of punitive damages because most defendants do not usually act maliciously when they harm someone.

What is exemplary damages?

The exemplary damages must correspond to the amount of the actual damages. These damages are calculated based on the compensatory damages awarded to the plaintiff.

How are compensatory damages calculated?

Compensatory damages are calculated by adding up the total costs of the accident. To get compensatory damages, the plaintiff has to prove that a loss occurred and was attributable to the defendant. The plaintiff must also quantify the amount of loss before the jury or judge in courts.

Why is it important to prove damages in a medical malpractice case?

Proving damages is also important in a personal injury case. This can especially be an issue in medical malpractice cases based on missed symptoms of an illness. The injured party will need to prove that the doctor’s negligence – i.e. missing the symptoms – caused him to suffer damage.

What is damages in law?

Damages refers to the sum of money the law imposes for a breach of some duty or violation of some right. Generally, there are two types of damages: compensatory and punitive.

What is punitive damages?

Punitive damages are awarded to punish a wrongdoer. There are other modifying terms placed in front of the word damages like "liquidated damages," (contractually established damages) and "nominal damages" (where the court awards a nominal amount such as one dollar).

Can punitive damages be awarded for a breach of contract?

It is generally recognized, for instance, that punitive damages are not available for breaches of contract except when it is proven that the breach was wanton, willful and deliberate. In contract law, if a court determines that damages will not properly componsate the injured party, the court may choose to award specific performance .

What are special damages?

These include costs to repair or replace damaged property, lost wages, sick or vacation time you used during your recovery, and any other out-of-pocket expenses you incurred because of the injury.

What happens when you are injured in an accident?

If you are injured in an accident, at some point you will have determine how much money you think you are owed. This often happens soon after your injury, when an insurance company steps in and tries to negotiate a settlement with you.

Why do we use a multiplier for general damages?

The multiplier is used to make adjustments based on the severity of the injury the plaintiff suffers.

How to contact insurance company about property damage?

If you are still unsure about the time limits that apply in your situation after reaching out to your insurance company, or if you are having any kind of trouble resolving a property damage claim, don’t hesitate to reach out to our law firm today at 1-281-549-8911.

How long can you reopen a claim?

The limits on doing so can range from one to five years, depending on your policy. If you are at all in doubt about a claim, don’t be afraid to seek help.

What happens if you miss a deadline?

What happens if you miss a deadline? Many policyholders are unaware of their rights and believe that they are out of luck if they have missed a deadline. If you’re worried, keep in mind that an insurance company can’t generally refuse to pay your claim just because you missed a deadline or made a mistake filling out a form. To completely deny your claim for these kinds of filing issues, the insurance company has to show that your mistake caused the company harm or prevented it from investigating your claim in an adequate fashion.

How long do you have to file a claim for a hurricane?

Typically, homeowners have one year to file a claim, but this can vary significantly. In some states, you may have two years—or even up to six years— to file a claim. This is why it’s so important to find out which deadlines apply ...

Can you be forgiven for a delay in filing a claim?

There are some situations and circumstances where a delay can be forgiven, but you will need to have a very good reason for why you waited. Submitting documentation. The claims process for storm- or disaster-related losses involve numerous deadlines for filing documentation, such as estimates and loss lists.

Can time limits be complicated?

If you are looking for a simple answer about time limits, you are likely to be disappointed. Unfortunately, answers about time limits can be surprisingly complicated. There are state laws that can affect how long you have to file a claim, but the actual deadlines you are held to often have less to do with state law and more to do ...

When are punitive damages awarded?

Sometimes punitive damages are also awarded when compensatory damages seem insufficient to make up for the defendant's behavior. Punitive damages are awarded at the discretion of the court, though they are limited by some laws and judicial precedents. Learn More About Damages >>.

What is punitive damages?

Punitive damages, or exemplary damages, are awarded to a plaintiff in addition to compensatory damages as a way to punish the defendant for a purposeful or especially negligent action. They are the legal system's method of discouraging future bad behavior by making it financially harmful to the defendant.

Why do courts award punitive damages?

If the harm inflicted by the defendant is difficult to estimate financially, or the defendant's actions were particularly reckless, the court can also award punitive damages as a way to punish the defendant and discourage similar behavior. Sometimes punitive damages are also awarded when compensatory damages seem insufficient to make up for ...

How many times can a punitive award be?

will satisfy due process.". Therefore, most courts will assess a maximum punitive award of four times the compensatory damages, unless the defendant's behavior was exceptionally reckless.

What is compensatory damages?

Compensatory damages are directly tied to the plaintiff's injury or injuries, like property damage, medical expenses or lost wages.

Do punitive damages apply to breach of contract?

Punitive damages do not usually apply in breach of contract cases, and they are limited by state laws and federal judicial precedents. Every lawsuit has its own set of nuanced special circumstances, especially those involving personal injury, making it difficult for anyone but an experienced lawyer to determine which limits apply to any single case.

What Is Mean Time to Repair?

Mean Time to Repair – or MTTR – is a metric used to measure how well equipment or services are being maintained, and how quickly issues are being responded to.

Why Is MTTR Important?

Mean Time to Repair is one of the most important and commonly used metrics used in maintenance operations.

Failure Metrics

Mean Time to Repair is part of a larger group of metrics used by organizations to measure the reliability of equipment and systems.

The 4 Types of MTTR

There are actually four different definitions of MTTR in use, which can make it hard to be sure which one is being measured and reported on.

The Difference Between MTTR and MTBF

Mean Time to Repair and Mean Time Between Failures (or Faults) are two of the most common failure metrics in use.

The Limitations of MTTR

Mean Time to Repair is a high-level measure of the speed of your repair process, but it doesn’t tell the whole story.

How to Use MTTR

Mean Time to Repair is generally used as an indication of the health of a system and the effectiveness of the organizations’ repair processes.

Overview

In tort law, actual damages is a type of damages which refers to compensation awarded by a court in response to a loss suffered by a party.

Calculating Actual Damages

In Birsdsall, the Supreme Court wrote that "the amount awarded shall be precisely commensurate with the injury suffered, neither more nor less." When calculating damages, courts will often look at lost wages/income, related medical bills, the cost of repairs to damaged property, the costs of materials needed to deal with the injury (i.e.

Further Reading

For more on actual damages, see this Villanova Law Review article, this Georgetown Law Journal article, and this Loyola of Los Angeles Law Review article.

What is liquidated damages?

Liquidated damages are meant as a fair representation of losses in situations where actual damages are difficult to ascertain. In general, liquidated damages are designed to be fair, rather than punitive.

Can liquidated damages be enforced?

It is possible that a liquidated damages clause might not be enforced by the courts. This can occur if the monetary amount of liquidated damages cited in the clause is extraordinarily disproportional to the scope of what was affected by the breached contract.

Can a plaintiff claim liquidated damages?

For instance, a plaintiff might not be able to claim liquidated damages that amount to multiples of its gross revenue if the breach only affected a specific portion of its operations.