Remedies in Tort Law

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What Are Some Possible Remedies in Tort Law?

A victim of a tort may have several possible remedies available under tort laws. There are three basic types of remedies in tort law:  Legal Remedies (“damages”), Restitutionary Remedies, and Equitable Remedies. Each of these is discussed briefly below:

As in any lawsuit, the defendant may raise any available defenses to these types of remedies. 

Are All the Types of Tort Remedies Always Available for Every Tort?

No- a large part of any tort lawsuit is set side for deciding which type of remedy is appropriate for the victim. Generally speaking, restitutionary and equitable remedies are not available if legal damages will be claimed by the plaintiff. That is, if a monetary payment will make the plaintiff “whole”, then there is no need for a court to issue restitutionary or equitable remedies.

On the other hand, a judge may sometimes issue a combination of different remedies so long as it is allowed by the laws of their jurisdiction. Or, they may combine remedies while placing a cap or limit on one of the options. A common combination of remedies is replevin coupled with legal damages. 

For example in a conversion (theft) case, the judge may order replevin so that the plaintiff can get their stolen property back. On top of this, the judge will typically order the defendant to pay compensatory damages for the time that the plaintiff was not able to use the property. This is especially common in cases where the stolen property is equipment or machinery that the plaintiff uses to generate their income. The defendant may then have to pay damages to compensate the plaintiff for lost wages.     

Do I need a Lawyer for Tort Remedies?

Tort remedies should be chosen in a way that maximizes compensation for the victim. A lawyer can help determine which type of remedy would best compensate a tort victim for their losses or injuries. If you suffered losses from a tort, you may wish to hire a lawyer to advise you on the various types of remedies available in your jurisdiction. 

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Last Modified: 12-16-2013 03:56 PM PST

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