Smart adjusters have avoided paying a Plaintiff’s verdict and have recovered their own costs and attorney’s fees by properly using Offers of Judgment rules as a defense strategy, even where liability is adverse. However, a Nevada Supreme Court case could cause an unwary adjuster to undervalue the Offer of Judgment and thereby miss out on the advantages that are available under those rules. Don’t sabotage your position while using the Offer of Judgment strategy because you are unaware of … [Read more...]
Damages 201 (Loss Of Consortium)
September 15, 2008 by
Aside from the damages previously discussed (see Damages 101 and 102) there is yet another form of compensatory damage. These damages are not meant to compensate the injured plaintiff, but instead, that person’s spouse. Loss of consortium damages anticipate the possibility that injury to a plaintiff may cause damage to that person’s marital relationship. A meretricious relationship is insufficient. A valid marriage is required. Loss of consortium is considered to be a derivative claim. … [Read more...]
Damages 102 (General Damages)
July 10, 2008 by
The easiest way to define “general damages” is to say that they are not “special damages”. Special damages are the monetary award to reimburse the plaintiff for a loss or expense that can be readily valued, i.e. the cost of medical bills or the costs to repair damage to property. See the prior post, Damages 101 (Compensatory Damages) for more information on special damages. On the other hand, “general damages” are those damages that by their nature can have no intrinsic monetary value, i.e. … [Read more...]
Damages 101 (Special Damages)
July 3, 2008 by
There are many types of damages. You probably know some of these types by name: general damages; special damages; consequential damages; exemplary or punitive damages; liquidated damages; nominal damages; statutory damages; and treble damages. Each type of damage has own elements, scope and complexity. However, the type of damages that most people think about where civil lawsuits are involved is compensatory damages in the form of money. The basic purpose behind these monetary damages is to … [Read more...]
