Equitable Remedy for a Personal Injury
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What Is the Definition of an Equitable Remedy?
Monetary damages awards are often called legal damages awards. Equitable remedies may sometimes be issued in lieu of a legal remedy. An equitable remedy is one that doesn’t rely merely on monetary compensation. Instead, equitable remedies usually focus on actions that the defendant needs to take as a result of the decisions made during a lawsuit.
Common Equitable Remedies for Personal Injuries
A tort situation generally involves unintentional injury caused by one person to another. These are usually negligence cases that result from a lack of care when handling dangerous items, or a lack of care in ensuring that the premises are safe.
Most equitable remedies in a tort case involve some sort of injunction. These are instructions issued by the judge that require the defendant to take action, such as:
- Repairing dangerous properties or structures
- Posting warning signs and labels
- Recalling dangerous products
- Removing products from the business’ shelves and storage
- Transferring or delivering items
Thus, injunctions will always vary from case to case. They depend entirely on the facts in each tort situation, and revolve around the type injury in question.
Are There any Defense to Equitable Remedies?
Yes, as with legal remedies, there are also defenses to equitable remedies. For instance, a plaintiff cannot claim equitable remedies if they have delayed unreasonably in filing their claim. This is known as the defense of "laches" and serves to protect the defendant from situations where a delay would cause them disadvantages.
Another defense is that of "clean hands". This means that the plaintiff must have "clean hands" in bringing their lawsuit against the defendant. In other words, they can’t be guilty of the same conduct that they are accusing the defendant of. This is mainly used in a contract setting to prevent fraud, but it often is found in some civil tort cases as well.
Do I Need a Lawyer for Help with Equitable Remedies?
Laws of equity can sometimes be confusing and difficult to understand. You may wish to hire a lawyer if you need to file a claim to obtain an equitable remedy such as an injunction. Your attorney can help you file with the court and can inform you of the laws that may affect your claim.
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Last Modified: 08-04-2014 03:13 PM PDT
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