Double and Treble Damage Awards
What are Double and Treble Damage Awards?
In some personal injury lawsuits, a judge will allow a victim to collect two or three times the amount of actual damages that they are normally entitled to. Double (two times) or treble (three times) damage awards must be supported by a statute in order for the plaintiff to claim them.
A personal injury victim who is seeking double or treble damages must claim the award in their initial complaint with the court. The plaintiff is considered to have waived their right to double or treble damages if they did not specifically request it in their complaint or in a motion early on in trial.
Double and treble damages sometimes allow the victim to bypass statutory limits on the total amount that they can recover in a personal injury lawsuit. For example, many small claims courts limit damages awards to $2,000. However, if the jurisdiction allows double and treble damage awards, the plaintiff may be awarded $4,000 (double) or even $6,000 (treble).
What are the Requirements for Double and Treble Damages?
First, the plaintiff’s request for double or treble damages must be supported by a statute. Not all states have double/treble damage statutes; if the state does not have such a statute, it is likely that the personal injury victim will not be allowed obtain them.
Secondly, the plaintiff must specifically claim their right to double and treble damages when they file their lawsuit. This is because double and treble damages are not required, and will only be granted if specifically requested.
Finally, most jurisdictions require proof of the defendant’s intentional wrongdoing. That is, the defendant must have acted purposely in injuring the plaintiff. However, the defendant’s intent can sometimes be determined based on their negligence, recklessness, or carelessness.
Because double and treble damages sometimes require intentional wrongdoing on the part of the defendant, they are usually classified as punitive damages rather than general or compensatory damages. That is, double and treble damages serve the purpose of punishing the defendant, rather than compensating the plaintiff for losses. The plaintiff must then fulfill all the requirements associated with punitive damage awards.
Are there any Limits on Double or Treble Damage Awards?
Yes- many states place limits on the amount of damages that a plaintiff may be awarded in a medical malpractice lawsuit. State limits on medical malpractice awards typically limit damages to a sum of about $250,000 to $500,000, depending on the state. In such states, damage awards may not exceed the stated limits, even if a judge awards a double or treble damages award.
States that enforce limits for medical malpractice damage awards include: California, Colorado, Florida, Maryland, Massachusetts, Michigan, and Texas. Statutes covering double and treble damages may also be subject to change over time.
Should I Contact a Lawyer for Issues Involving Double and Treble Damage Awards?
Personal injury claims can sometimes be complex, especially when it comes to calculating damage awards. If you need assistance with a personal injury claim, you may wish to speak to a lawyer for advice or representation in court. An experienced personal injury attorney can help determine whether you are entitled to double or treble damages for your losses.
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Last Modified: 10-13-2011 12:05 PM PDT
