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What damages am I entitled to if I sue someone?

6/18/2021

1 Comment

 
Civil law ensures that if you are harmed by someone else, you will be repaid for the injury you suffer. This compensation is generally referred to as “damages.” However, unlike criminal law, civil law is invoked only when you file a lawsuit against the person or entity that injured you.

How do I recover damages in a lawsuit?
A lawsuit allows you to recover damages from a person who was required to act in a certain way (either by statute, contract, or a generally accepted standard of care) fails to do so and causes you monetary loss. 
 
Broadly speaking, the law allows you to recover the actual financial cost of your harm. For example, if a construction company contracts with you to do work that they then fail to do, you may be able to recover the money you paid them, or the money that it costs you to complete the work properly.  The fact that you spent time on the phone arguing with the project manager, or picking up the contractor’s mismanaged debris, typically is not something you can recover damages for - even though your time is valuable.
 
What are enhanced damages in a lawsuit? 
There are other categories of “enhanced” damages which are generally created by law.  For example you may be entitled to punitive damages which are designed to punish people who commit malevolent acts “wantonly, willfully, and deliberately” and deter similar future conduct by other parties.  North Carolina also permits enhanced damages for business practices that are deemed “unfair” or “deceptive”, depending on the circumstances.  “Double damages” can be recovered for employees who are harmed by an employer’s failure to comply with hourly wage and overtime requirements.  
 
These type of enhanced or increased damages are the exception to the normal rule that in order to recover damages, you must provide evidence that you lost money, had to spend extra money, or failed to receive money you were entitled to.
 
For additional information on the availability of damages in specific cases, contact Parton Law to speak with an attorney.
1 Comment
Mia Evans link
4/13/2022 03:59:41 am

Thanks for pointing out that the lawsuit will help you recover damages because of a person who acted in a certain way. I guess a civil law firm could help a person in this kind of situation to get the compensation they deserve or get the justice they neeed. It will definitely be a good investment to work with professionals who know the ins and out of the proceedings for the best outcome for your case.

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  • Home
  • Practice Areas
    • Litigation >
      • Administrative Agency Contests
      • Animal Law
      • Attorney-Client Privilege
      • Business & Contractual Disputes >
        • Avoiding Litigation
        • Strategic Use of Statutory Liens
      • Construction Litigation
      • Corporate Shareholder Rights Litigation
      • Defamation, Libel & Slander
      • Owners’ Association Disputes
    • Volunteer Services & Pro-Bono Work
    • Referrals
  • Testimonials
  • Contact
    • English
  • Legal Team
    • Corey V. Parton
    • Walton H. Walker III
    • Traci Fleury
    • S. Sunny Britt
    • Brittany McEachern
  • RESULTS
  • In The News
  • Law Blogs
  • Client Resources
    • Helpful Links for Clients
    • Military & First Responder Appreciation Program
    • Make a Payment
    • Privacy Policy