What does general damages mean in law?
Nov 05, 2020 · General damages are awards of money given to the plaintiff in a lawsuit by the defendant to make reparations for injuries or a breach of contract in cases when it is difficult to calculate a dollar value for the amount. These awards may be related to pain, suffering, or other physical losses as well as failure to satisfy the terms of a contract.
What happens if the Attorney General is removed from office?
What should I do if I bought a flood damaged vehicle? File a complaint with the Pennsylvania Office of Attorney General, Bureau of Consumer Protection send an email to [email protected] or call 1-800-441-2555; Call the National Insurance Crime Bureau (NICB) toll-free hotline at 1-800-Tel.NICB (1-800-835-6422);
What situations qualify for general damages in a civil case?
Leasing Excess Wear and Damage Arbitration Program (the "EWD Arbitration Program"), established by the Attorney General. The EWD Arbitration Program enables you to contest (1) whether damage to the leased vehicleexists, (2) whether such damage constitutes"excess" wear and damage, and (3) the amount of the charges sought by the holder.
What damages are awarded in a personal injury lawsuit?
Response time is crucial to preventing further damage, including mold damage. Any delay can lead to a much more costly recovery, salvage, and reconstruction. ... Maryland Attorney General's Office People's Insurance Counsel Division 200 St. Paul Street Baltimore, Maryland, 21202 410 …
What powers does the US attorney general have?
Attorney General Powers and ResponsibilitiesIssuing formal opinions to state agencies.Acting as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation.Proposing legislation.Enforcing federal and state environmental laws.More items...
What is the most important duty of the Attorney General?
The principal duties of the Attorney General are to:Represent the United States in legal matters.Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.More items...•Oct 8, 2021
What is the Texas Attorney General responsible for?
The main responsibilities of the Office of the Attorney General are defending the State of Texas and its duly elected laws by providing legal representation to the State, serving the children of Texas through the enforcement of the state's child support laws, securing justice for Texans, protecting Texans from waste, ...
What is the duty of the Attorney General of the state of Illinois who is the Attorney General?
The Attorney General is the state's chief legal officer and is responsible for protecting the public interest of the state and its people. Litigate to ensure state and federal laws are followed and respected. The Attorney General provides services that cover a broad range of issues, reaching every corner of Illinois.
What does an attorney do?
An attorney, also called a lawyer, advises clients and represents them and their legal rights in both criminal and civil cases. This can begin with imparting advice, then proceed with preparing documents and pleadings and sometimes, ultimately, appearing in court to advocate on behalf of clients.Nov 19, 2019
How many attorney generals are there in Texas?
OfficeholdersNo.NameTerm of service47Dan Morales1991–199948John Cornyn1999–200249Greg Abbott2002–201550Ken Paxton2015–present46 more rows
How old is Angela Paxton?
Angela PaxtonAssumed office January 8, 2019Preceded byVan TaylorPersonal detailsBorn1962/1963 (age 58–60)10 more rows
What is the primary job of the Attorney General quizlet?
What is the role of the Attorney General? Head of the Department of Justice, top law enforcement officer and lawyer for the United States, defends the US and the Constitution in court cases.
What does the Illinois attorney general do for consumers?
Attorney General Kwame Raoul's Consumer Protection Division protects Illinois consumers and businesses victimized by fraud, deception, and unfair business practices.
How much does the Illinois attorney general make?
The average salary earned by U.S. governors was $131,115....State executive salaries.Office and current officialSalaryAttorney General of Illinois Kwame Raoul$160,800/yearIllinois Secretary of State Jesse White$156,5417 more rows
How does Illinois state attorney get their job?
Originally an appointed office, it is now an office filled by election through universal suffrage. Based in Chicago and Springfield, he or she is responsible for providing legal counsel for the various state agencies including the Governor of Illinois and Illinois General Assembly.
What are the types of damages?
Types of Damages. General damages are just one type of damage that may be awarded to the plaintiff in a court case. The others are special damages and punitive damages. General damages and special damages are compensatory damages, which means they are meant to repay the plaintiff for the loss they have suffered.
What is punitive damages?
Punitive damages, however, are given specifically to punish the guilty party for their wrongdoing and prevent them from doing such a thing again in the future. Special damages are awarded to the plaintiff as restitution for losses that can be given a specific dollar amount thanks to written estimates, receipts, or bills.
How to evaluate damages?
Evaluation of general damages is subject to the court's opinion instead of being specific and provable. The victim's suffering may be interpreted in different ways depending on the parties and their own interests in the case. Factors include: 1 The amount of pain that has been suffered, and the duration of the pain. 2 How the pain has disrupted the plaintiff's daily life. 3 The details about the negligence and recklessness of the party who caused the losses. 4 Stress and worry over the injury or the case. 5 “Loss of consortium,” meaning that the plaintiff is missing out on family relationships and the benefits they provide. 6 Loss of enjoyment that the injury has caused.
What happens if a contract is breached?
If a contract is breached, there are situations when you can specify dollar values of items or services not received. However, a loss of future business is not so easy to quantify. General damages are a type of compensatory damages, which are granted by a court in a lawsuit to repay losses or injuries resulting from another person's wrongdoing. ...
How much compensation is awarded for pain and suffering?
General damages that are awarded for pain and suffering in the U.S. are typically calculated as three to four times the amount of the plaintiff's medical bills and added to the amount that is actually meant to cover the bills.
What does "loss of consortium" mean?
Stress and worry over the injury or the case. “Loss of consortium,” meaning that the plaintiff is missing out on family relationships and the benefits they provide.
What are some examples of general damages?
Examples of general damages can include financial compensation for pain and suffering, or for a shortened life expectancy. General damages may also arise from a breach of contract claim. To explore this concept, consider the following general damages definition.
How are general damages determined?
General damages are not easily measured. The general damages that a court ultimately awards are determined based on the individual circumstances of the case. For instance, judges in the U.S. typically award between three and four times the cost of a person’s total medical bills in cases involving pain and suffering.
What are the legal issues?
Related Legal Terms and Issues 1 Appellate Court – A court having jurisdiction to review decisions of a trial-level or other lower court. 2 Defendant – A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense. 3 Emotional Distress – A negative emotional reaction, such as anguish, humiliation, or grief, resulting from the conduct of another individual. Also referred to as “mental anguish.” 4 Jury – A group of people sworn to render a verdict in a trial, based on evidence presented. 5 Pain and Suffering – Physical and emotional distress caused by an injury. 6 Plaintiff – A person who brings a legal action against another person or entity, such as in a civil lawsuit, or criminal proceedings. 7 Prejudicial – Tending to injure or impair, detrimental or harmful to someone or something. 8 Punitive Damages – Money awarded to the injured party above and beyond their actual damages. Punitive damages are ordered for the purpose of punishing the wrongdoer for outrageous misconduct in a civil matter.
Who was involved in the car accident that killed Carl Beagle?
In 1965, Carl Beagle sustained injuries in a car accident when a car driven by Kenneth Vasold drove over an embankment while rounding a curve. Vasold died from his injuries, and his passengers – Beagle, Beverly Adams, and Elizabeth, Vasold’s wife – were injured. Beagle then sued Elizabeth Vasold for the injuries he sustained in the accident. In his complaint, Beagle requested approximately $61,000 in general damages, as well as additional compensation for his medical expenses, loss of earnings, and the expenses incurred from filing the suit.
What are the three types of damages?
There are three kinds of damages: general damages, special damages, and punitive damages. General and special damages are compensatory damages.
What is compensatory damages?
Compensatory damages are monetary awards granted by the court to a claimant as compensation for his loss or injury suffered as the result of another person’s breach of duty, such as negligence or a breach of contract. The wrongdoer is held liable to pay damages when the claimant can prove that the wrongdoer’s actions led to ...
What is financial compensation?
Financial compensation issued by a court to compensate for a breach of contract, or for injuries suffered for which no dollar value can be calculated .
How long does it take for an arbitration to be withdrawn?
If the Administrator is notified by the lessee of his/her request to withdraw within seven business days of the filing date, the Administrator shall refund the filing fee.
What happens if a party fails to appear at an oral hearing?
Upon the failure of a party to appear at an oral hearing, the arbitrator shall nevertheless conduct the hearing and render a timely decision based on the evidence presented and documents contained in the file.
Who can prescribe a request for arbitration?
The Attorney general shall prescribe and make available a "Request for Arbitration" form. To apply for arbitration under the Program, a lessee shall complete and submit the prescribed form to the Attorney General.
How long does it take for an arbitrator to make a decision?
The arbitrator shall render a decision within 40 days of the filing date whichshall be in writing on a form prescribed by the Attorney General. The decision shall be dated and signed by the arbitrator.
Can you have a hearing on documents only?
You may elect to have a hearing on documents only by indicating this preference on the "Request for Arbitration" form. In a "documents only" hearing, both sides must present their positions in writing. If you request a "documents only" hearing but the holder objects, an oral hearing will be scheduled.
How long do you keep records of arbitration?
The Administrator shall keep all records pertaining to each arbitration for a period of at least two years and shall make the records of a particular arbitration available for inspection upon written request by a party to that arbitration, and shall make records of all arbitrations available to the Attorney General upon written request.
Can you record a hearing at your own expense?
Any party to the arbitration may arrange, on its own, for a stenographic record or a tape recording of the hearing at its own expense even if the other party objects. If a stenographer or tape recorder will be used, reasonable prior notice, through the Administrator, must be given to the other party.
What does CGL mean in insurance?
In most CGL policies, the insuring agreement says the carrier will pay “those sums that the insured becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage’ to which this insurance applies…”. Problematically, many policies don’t define the term “damages,” which leaves wiggle room for arguments ...
What is a CGL policy?
Given the broad nature of most commercial general liability (CGL) policies, it’s not surprising that creative attorneys continue to press new arguments about costs and fees that should (or should not) be covered. In most CGL policies, the insuring agreement says the carrier will pay “those sums that the insured becomes legally obligated ...
Can you get attorney fees as damages?
Before changes in the standard ISO form, many companies argued that they should be awarded attorney fees as damages under the Supplementary Payments provisions, which allows the insured to collect money for certain expenses over policy limits. These provisions stated that the insurer would pay “All costs taxes against the insured in ...
What are general damages?
General damages refer to the patient's cost of suffering that, although real, cannot by its nature have a definite price. The most common examples are: 1 loss of enjoyment of life 2 physical and mental pain and suffering, and 3 loss of future earning capacity.
What is the maximum amount of damages a patient can recover?
Some states put a cap on all damages combined, saying a patient cannot recover more than, for example, $500,000.
What is wrongful death compensation?
Wrongful death statutes are designed to compensate the patient's family for their future monetary loss. The calculation is more thorough than a simple projection of future salary -- it also considers factors like the patient's spending, saving, and working habits. Compensation for the family's loss of companionship or emotional harm is typically not allowed under the wrongful death statues, although recently some states have allowed that kind of recovery. Depending on the state, not all family members can recover. For example, a state may allow the patient's spouse and children to recover damages, but not the patient's parents (at least in the case of an adult patient).
What is the survival statute?
Survival statutes allow the deceased patient's heirs or estate to recover damages that occurred during the time period from the initial medical malpractice to the death of the patient. These damages generally include everything allowed in a malpractice suit had the patient survived, except for damages relating to the future, like earning capacity.
Do not sell personal information?
Do Not Sell My Personal Information. A patient injured by medical malpractice can recover a wide variety of damages -- from medical bills to the loss of enjoyment of life to future earnings losses. If the medical malpractice results in the patient's death, the patient's family and heirs can also recover damages.
What is the lemon law?
Use the “Lemon Law”. The Song-Beverly Consumer Warranty Act, also known as the “lemon law,” protects consumers if they purchase a new vehicle that is damaged or otherwise inferior. Under the lemon law, you must report the problem in writing to the manufacturer while the vehicle is still under warranty or within one year of purchase, ...
What happens if a dealer sells you a car without disclosure?
If a dealer sold you a damaged car without providing a disclosure about the damages, you have the option of reporting the dealer to the state or filing a lawsuit.
What is curb stoning?
In a practice known as curb stoning, dealers enlist a salesman to sell the damaged car through the classifieds as though it’s a private-party sale. Before you hand over any of your hard-earned cash to a stranger, check the car’s title history, which may reveal the vehicle recently changed hands or that the name on the title is different from ...
Is it illegal to buy a used car?
Tricks to Buying Used Cars. It’s illegal for a dealer to sell you a damaged vehicle without disclosing the car’s condition, but some do. They may use illegal practices to conceal a vehicle’s checkered past or omit the car’s previous problems when talking it up to a customer.
How Does One Become Attorney General?
- The position of Attorney General is an appointed one, nominated by the president and confirmed by the United States Senate. There is also a succession plan in place in the event there is no Attorney General due to absence or death, which allows the Deputy Attorney General to assum…
What Are The Most Important Powers of The Attorney General?
- The Attorney General will provide advice and guidance to the president and other high ranking officials regarding the law and how it should be implemented. This provides the Attorney General with a great deal of power, as they would have the ability to shape how laxly or punitively the law is to be applied. As the Justice Department has such wide-reaching tentacles of power in matter…
Who Is The Current Attorney General?
- William Barr is the current Attorney General of the United States. He replaced Jeff Sessions in 2019 after President Trump fired Sessions. Barr has served as Attorney General twice, once during the George H.W. Bush administration from 1991 to 1993, and currently in the Trump administration. Barr has been consistent in his determination that the Executive branch claims a…
What Agencies Are Under The Department of Justice?
- The Department of Justice is responsible for most of the legal business of the government, and therefore, many of the law enforcement agencies throughout the country. There are six litigating divisions in the department: 1. Antitrust 2. Civil 3. Civil Rights 4. Criminal 5. Environmental and Natural Resources 6. Tax Each division is headed up by an Assistant Attorney General, and man…
History of The Attorney General
- The Office of the Attorney General was createdin 1789 and was intended to be a one-person position. The person in the position was supposed to be “learned in the law” and was tasked with conducting all suits in the Supreme Court and advising the president and cabinet in law-related matters. The work quickly grew, requiring the addition of multiple assistants and private attorne…
List of Attorneys General
- William Barr, 2019 – Present
- Jeff Sessions, 2017 – 2018
- Loretta Lynch, 2015 – 2017
- Eric Holder, Jr., 2009 – 2015
The Rantt Rundown
- The Department of Justice, created in 1789, has grown from a part-time, one-person office to become the world’s largest law office, encompassing sixty different agencies and offices. The Attorney General is in charge of the Department and is responsible for all aspects of the Justice Department. The head of this vast bureaucracy has enough impact to shape the way laws are tr…
Causes
- Damages are compensatory monies that are awarded to a plaintiff who has suffered a loss as the result of someone elses wrongdoing. This might occur through something like a personal injury, or breach of contract. Those who are involved in car accidents or who have suffered a physical setback due to medical malpractice are typically entitled to receive damages in a court …
Variations
- Damages are also awarded in cases pertaining to wrongful death. However, the damages awarded in these cases are typically unique to the circumstances of each case.
Types
- There are three kinds of damages: general damages, special damages, and punitive damages. General and special damages are compensatory damages. This means that they work to compensate the plaintiff for pain and suffering and financial loss. Punitive damages, on the other hand, are awarded to punish the defendant for his negligence or otherwise reckless behavior.
Definition
- The concept of pain and suffering refers to the physical pain and emotional distress that a person goes through after being involved in an accident of some kind. The notion of emotional distress can refer to several varieties of mental anguish, including depression, anxiety, and insomnia. It is understandable that, while pain and suffering may be torturous and life-long, it is also not easy t…
Examples
- Special damages, on the other hand, cover losses that can be proven with receipts, bills, or estimates. For instance, in a car accident, the losses suffered by the plaintiff might be in the form of:
Issue
- All of these damages can be stated in a provable dollar amount by providing the court with bills and receipts, as well as a statement from the plaintiffs employer as to his wage, and number of days missed. These are called special damages. The only issue that was raised on appeal was whether the trial court erred in stopping Beagles counsel from stating in his argument to the jur…
Facts
- In 1965, Carl Beagle sustained injuries in a car accident when a car driven by Kenneth Vasold drove over an embankment while rounding a curve. Vasold died from his injuries, and his passengers Beagle, Beverly Adams, and Elizabeth, Vasolds wife were injured. Beagle then sued Elizabeth Vasold for the injuries he sustained in the accident. In his complaint, Beagle requeste…
Trial
- The trial court informed Beagles attorney in chambers that he would not be allowed to tell the jury the value of his action in dollars in a lump sum because [s]uch is not evidence. Of course, counsel complied with the courts directive and based his damages arguments solely on the amount of past and anticipated medical expenses and loss of earnings, as well as Beagles injuries. The jur…
Analysis
- The Appellate Court noted that one of the most difficult tasks a jury faces in deciding a personal injury case is determining the amount of money the plaintiff is to be awarded for his pain and suffering, on which no price tag can easily be affixed. Further, the Court stated that there is no method available to the jury to guide it in evaluating damages like these, and that no witnesses a…
Advantages
- Translating pain and anguish into dollars can, at best, be only an arbitrary allowance, and not a process of measurement, and consequently the judge can, in his instructions, give the jury no standard to go by; he can only tell them to allow such amount as in their discretion they may consider reasonable. The chief reliance for reaching reasonable results in attempting to value su…
Significance
- The Appellate Court ultimately held that the trial court was prejudicial in its decision in awarding Beagle damages and reversed the trial courts decision. The Appellate Court concluded its decision with the following quote from a related case: It has been held that on an appeal from a judgment where the evidence as to liability is overwhelming a retrial may be limited to the issue …
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