We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Aggravated Damages: What They Are and How They Affect Your Case
Definition & meaning
Aggravated damages are a type of compensation awarded by a court to a plaintiff when the defendant's conduct has caused severe emotional distress, humiliation, or other intangible injuries. These damages are not just for financial loss; they address the emotional and psychological impact of the defendant's actions. Aggravated damages are typically awarded in civil cases where the plaintiff can demonstrate that the defendant's behavior was particularly harmful or malicious, resulting in significant anguish or distress.
Table of content
Legal use & context
Aggravated damages are primarily used in civil law cases, particularly in tort law. They may arise in situations involving personal injury, defamation, or breach of contract where emotional harm is evident. This type of damage is distinct from punitive damages, which are intended to punish the defendant for egregious behavior. Individuals seeking aggravated damages often benefit from using legal forms and templates provided by resources like US Legal Forms, which can assist in documenting their claims effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person is wrongfully accused of theft in a public setting, leading to significant embarrassment and emotional distress. If they sue for defamation and prove the accusation was made maliciously, they may be awarded aggravated damages.
Example 2: An employee experiences severe emotional distress after being wrongfully terminated in a humiliating manner. If they can show that the employer's actions were malicious, they might seek aggravated damages in their wrongful termination lawsuit.
State-by-state differences
Examples of state differences (not exhaustive):
State
Notes
California
Aggravated damages can be awarded in cases of emotional distress, especially in personal injury claims.
New York
Emotional distress claims must meet specific criteria to qualify for aggravated damages.
Texas
Aggravated damages are typically considered in cases involving intentional torts.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Aggravated Damages
Compensation for emotional distress caused by malicious conduct.
Focuses on emotional harm; requires proof of injury.
Punitive Damages
Damages intended to punish the defendant for egregious behavior.
Aimed at punishment rather than compensation; does not require proof of injury.
Compensatory Damages
General damages awarded to compensate for actual loss.
Includes both tangible and intangible losses; aggravated damages are a subset.
Common misunderstandings
What to do if this term applies to you
If you believe you are entitled to aggravated damages, consider the following steps:
Document all instances of distress or humiliation you experienced.
Gather evidence that demonstrates the defendant's malicious conduct.
Consult a legal professional to discuss your case and determine the best course of action.
Explore US Legal Forms for templates that can help you file your claim effectively.
Find a legal form that suits your needs
Browse our library of 85,000+ state-specific legal templates.