North Dakota Instruction to Jury Regarding Damages for Conversion by Lienholder

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In an action by a personal property owner against the lienholder for wrongful conversion of the property covered by the lien, the property owner is generally only entitled to recover the excess of the fair market value of the property over the amount of the debt for which it was security.

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FAQ

North Dakota defines noneconomic damages as "pain, suffering, inconvenience, physical impairment, and other nonpecuniary damage." As a part of noneconomic damages under North Dakota law, pain and suffering damages refer to physical and mental distress.

Non-economic loss compensation can include pain and suffering and impairment payments which may be paid under workers' compensation, motor vehicle accident, public liability and criminal compensation schemes.

The Multiplier Method for Calculating Non-Economic Damages One way to calculate pain and suffering damages is to use a method called the multiplier method. To use this approach, you will multiple the total amount of your economic damages by a specific factor, usually between 1.5 and 5.

After an award of economic damages, the party responsible for the payment thereof is entitled to and may apply to the court for a reduction of the economic damages to the extent that the economic losses presented to the trier of fact are covered by payment from a collateral source.

28-01.3-08. Except as provided in subsections 4 and 5, there may be no recovery of damages in a products liability action unless the injury, death, or property damage occurs within ten years of the date of initial purchase for use or consumption, or within eleven years of the date of manufacture of a product. 2.

With respect to a health care malpractice action or claim, the total amount of compensation that may be awarded to a claimant or members of the claimant's family for noneconomic damage resulting from an injury alleged under the action or claim may not exceed five hundred thousand dollars, regardless of the number of ...

32-03-01. Damages for any injury. Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation therefor in money, which is called damages.

Non-economic damages may include pain, emotional anguish, humiliation, reputational damage, loss of enjoyment of activities, or worsening of prior injuries. In some states, they are referred to as pain and suffering. Additionally, a spouse may be able to recover a type of non-economic damage called loss of consortium.

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North Dakota Instruction to Jury Regarding Damages for Conversion by Lienholder