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Published bySuzan Perry Modified over 9 years ago
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Civil Remedies Us ually a civil action is brought to allow plaintiffs to receive money, or damages, for the losses or injuries they have suffered. But as we will see there are other ways of righting a wrong. There are two kinds of damages - General Damages and Special Damages.
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General Damages Pecuniary: M onetary compensation for loses that can be calculated. For example: Loss of future earnings or the cost of future care Non-Pecuniary: C ompensation for losses that do not involve an actual loss of money and are difficult to quantify For example: Pain and suffering There is a maximum amount awarded for a non-pecuniary loss. Today it is about $320,000. Aggravated Damages: (non-pecuniary) Compensation for intangible losses such as humiliation and distress.
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Special Damages Th ese are awarded to help pay out of pocket expenses such as drugs, therapy, ambulance services, or vehicle repairs. They may also help cover lost income or any loss that the plaintiff can prove was the result of the defendant's action. To sue for special damages in civil court, the plaintiff must provided all receipts and maintain record of expenses.
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Punitive Damages D amages imposed to punish the defendant for reprehensible conduct. E xample: False imprisonment or battery Nom inal Damages M inimal (small amount) compensation to acknowledge a moral victory. - When someone is awarded a small amount of money to prove that they were in the right Example: If you buy something and it breaks and you go to return it and are told you can't, you take them to court and win your money back.
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Specific Performance A court order requiring someone to fulfill the terms of a contract Example: You are having a contractor fix your roof, they promise you a certain quality of shingles and use a different lower quality instead. You take them to court and win. They are required to rebuild your roof with the proper shingles or pay you your money back.
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Injunctions A court order requiring or prohibiting an action. Example: You decide to name your hamburger restaurant McDonald's hamburger joint. McDonald's takes you to court and wins an injunction to prevent you from using their name.
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