Discretionary damages refer to compensation awarded in legal cases that cannot be easily quantified. Instead, these damages are assessed based on the judgment of an impartial juror, reflecting the emotional and psychological impact of an incident. Commonly, discretionary damages are granted for claims related to mental anguish or pain and suffering. They are also known as indeterminate damages.
Discretionary damages are primarily used in civil law, particularly in personal injury cases, tort claims, and emotional distress lawsuits. They provide a means for jurors to compensate individuals for subjective experiences that are not easily measurable, such as anguish or suffering. Users can manage related forms and procedures through resources like US Legal Forms, which offers templates created by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A person involved in a car accident may seek discretionary damages for the emotional distress caused by the incident, even if physical injuries are minimal.
(hypothetical example) Example 2: An employee who experiences workplace harassment may be awarded discretionary damages for the mental anguish suffered during the ordeal.
| State | Discretionary Damages Guidelines |
|---|---|
| California | Discretionary damages are commonly awarded in personal injury cases, with jurors considering emotional impact. |
| New York | Jurors have significant discretion in awarding damages for pain and suffering, often influenced by case specifics. |
| Texas | Discretionary damages are capped in certain cases, requiring careful evaluation of emotional distress claims. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Description |
|---|---|
| Compensatory Damages | Monetary compensation for actual losses, such as medical expenses or lost wages. |
| Punitive Damages | Damages awarded to punish the wrongdoer and deter future misconduct, rather than to compensate the victim. |
| Nominal Damages | Small monetary awards granted when a legal wrong has occurred but no substantial loss is proven. |
If you believe you may be entitled to discretionary damages, consider the following steps:
For complex cases, seeking professional legal help is advisable to navigate the nuances of discretionary damages.
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Discretionary damages are compensation awarded for emotional distress and suffering that cannot be easily quantified.