Can I sue for treble damages?
Treble damages are awarded at the discretion of the court, but the court needs grounds – a legally acceptable reason. … Courts generally award treble damages in corporate lawsuits, such as antitrust matters or patent violations, but they can extend to personal injury lawsuits as well.
How do you calculate treble damages?
A treble damages award simply refers to punitive damages that are three times or triple the amount of the award that they are normally entitled. For example, if the compensatory damages amounted to $10,000, a treble damages award would allow the plaintiff to collect $30,000.
What is the difference between treble damages and punitive damages?
Punitive damages are awarded to punish the wrongdoer and deter future conduct. His or her actions must be intentional and outrageous. Treble damages are a type of punitive damages that triple the amount of compensatory damages and typically are allowed only by a statute.
Is pain and suffering punitive damages?
Damages for pain and suffering are a type of compensatory damages. Punitive damages are damages which are assessed against the defendant for egregious misconduct and are intended to punish the defendant and to deter others from similar misconduct.
What treble damages mean?
Treble damages is a term that indicates a statute exists to award a plaintiff up to three times actual or compensatory damages. Treble damages are a type of punitive damage. They are meant to deter others from committing the same offense.
What is a good example of punitive damages?
Individuals can also be ordered to pay punitive damages that injure someone else due to negligent behavior. Examples of this would be drunk driving or distracted driving. In both cases, the defendant would have made a conscious decision to engage in behavior that could easily harm another person.
Are treble damages in addition to actual damages?
Treble damages are a multiple of, and not an addition to, actual damages in some instances. … When such damages are multiplicative and a person received an award of $100 for an injury, a court applying treble damages would raise the award to $300. Some statutes mandate awards of treble damages for all violations.
What does it mean when nominal damages are awarded?
A trivial sum of money awarded to a plaintiff whose legal right has been technically violated but who has not established that they are entitled to compensatory damages because there was no accompanying loss or harm.
What are real damages?
Overview. In tort law, actual damages is a type of damages which refers to compensation awarded by a court in response to a loss suffered by a party. … This award does not include punitive damages, which may be awarded when the defendant’s actions are especially reckless or malicious.
What are enhanced damages?
Enhanced damages allow a court to award a prevailing patentee in an. infringement suit with an additional monetary award, increasing the award. for infringement up to three times the amount awarded by the jury or assessed. by the court.1 Enhanced damages can devastate a business, costing hundreds.
Which damages are generally the highest?
COMPENSATORY. Compensatory damages are generally the most identifiable and concrete type of damages. These include amounts for lost income, property damages, and medical care resulting from the Defendant’s misconduct.
What are the most frequently awarded legal damages?
Compensatory damages: This is the most common breach of contract remedy. When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere.
How are damages calculated?
The damages to which you are entitled are typically calculated based on the severity of your injuries, the underlying circumstances of the incident in question, and whether the case settles or proceeds to a trial. The following factors are typically considered: Medical treatment expenses.