A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
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Punitive damages are warranted against (defendant) if you find by clear and convincing evidence that (managing agent, primary owner, or other person whose conduct may warrant punitive damages without proof of a superior's fault) [was] [were] personally guilty of [intentional misconduct] [or] [gross negligence], which ...
Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.
The Process The complaint describes the plaintiff's damages or injury, explains how the defendant caused the harm, shows that the court has jurisdiction, and asks the court to order relief.
A plaintiff starts a civil action by filing a pleading called a complaint. A complaint must state all of the plaintiff's claims against the defendant, and must also specify what remedy the plaintiff is seeking. After receiving the complaint, the defendant must respond with an answer.
When a plaintiff files a suit against a defendant, plaintiff: Must give notice to the defendant by service of process. The complaint filed by plaintiff needs to contain: A statement alleging the facts necessary for the court to take jurisdiction and a statement of the remedy the plaintiff is seeking.
Counterclaim - A claim that a defendant makes against a plaintiff. Counterclaims can often be brought within the same proceedings as the plaintiff's claims.
Pleadings - Written statements of the parties in a civil case of their positions. In federal courts, the principal pleadings are the complaint and the answer.
As the person bringing the lawsuit, you are referred to as the plaintiff. The person you are bringing the lawsuit against is the defendant. As the plaintiff, you must fill out the civil complaint form entirely.