In an earlier post, we talked about the principles of causation, damage valuation and mitigation of damages as they apply to every small claim lawsuit. We also considered an odd situation of a woman with a cold. However, I’d like now to turn to a more common form of damages that plaintiffs often want to claim in the Small Claims Court: emotional pain and suffering.
Rules for moral damages.
The idea that the plaintiff can claim “moral damages” in almost any case is a fairly common misconception. Pain and suffering are a form of damages that the plaintiff can claim for sure. However, to do so, the plaintiff must apply the following principles.
First
The plaintiff must objectively show that emotional suffering has actually taken place. Saying “I was very upset” is, understandably, not good evidence.
second
Emotional suffering must be the result of the defendant’s wrongful actions and not anything else.
Third
The suffering must be reasonably evaluated to arrive at a dollar amount. Because of media coverage of cases with extreme amounts of damages awarded, many think they can claim thousands of dollars in “moral damages” for relatively small inconveniences. In practice, this is usually not the case. The amount that a plaintiff can reasonably claim in moral damages depends on common sense and similar situations in other cases. The actual amount is at the judge’s discretion and informed by common sense and case law.
Fourth
Finally, whether moral damages also depends on the particular circumstances of the case. In cases that involve, for example, defamation, the plaintiff is more likely to get damages for mental anguish. A blow to one’s reputation can reasonably be accepted as mentally strenuous. In cases involving business-to-business transactions, on the other hand, moral damages are very rare. Both sides should expect some conflicts related to their businesses. They should be sufficiently mentally resilient to deal with the situation.
Other types of damages
All that said, if you can’t really claim moral damages, your situation may warrant some general or punitive damages.
general damages
General damages are those damages that the court cannot calculate precisely. The court can only estimate them subjectively. They can involve things like an inconvenience. An example is the case of a lady who wasn’t able to use her kitchen for several months because the contractor didn’t finish renovations on time.
Punitive damages
The plaintiff may seek punitive damages as a penalty to the defendant when the defendant’s conduct was especially fraudulent, malicious or similarly reprehensible. Additionally, if the plaintiff wins a case, he or she will usually receive some money in costs to serve as partial compensation for the inconvenience of filing a lawsuit, court fees and legal expenses.
