Legal remedies to correct tortious conductA person who initiates a tort suit is attempting to correct the supposed wrong done by asking for damages or an injunction, or both. Although the availability of an injunction as a remedy is significant, it is the promise or threat of a damage award that most often draws natural persons, associations, partnerships, corporations, and even the government (acting as private individual) into court under the tort law. Let’s take a look at the various types and amounts of damages that may be available to litigants. Actual damages (also referred to as compensatory damages) are the most important and most frequently sought damages. These damages are intended to compensate the victim for the real harm done. If property is damaged or destroyed, then the amount necessary to repair or replace it would be awarded. If a person is injured, damages would include payment for lost wages, medical bills, and the pain and suffering that the person endured. If the tortfeasor’s acts are notoriously wilful and malicious, a court may impose exemplary damages (or punitive damages in some jurisdictions), which are damages above and beyond those needed to compensate the injured party. Punitive damages are designed to punish the tortfeasor so that similar actions are avoided by others. Note that where there has been improper conduct but little in the way of actual loss the law still awards a small amount of damages to the victim. Such awards are referred to as nominal damages. At times, these damages may be all that the victim receives as a result of her or his lawsuit. However, they do represent an acknowledgment by the law that the victim’s rights have been violated. Finally, do not forget that attorney’s fees and expenses will not be awarded by the court in these cases. They are instead payable out of the pocket or recovery of the litigants. Many tort suits are brought on a percentage of recovery basis. Under such an arrangement, anywhere from 25 percent to 40 percent of the recovery may go to the attorney.
|
