Prospective damages refer to damages that are expected to occur in the future due to an injury or harm. These damages are awarded based on the evidence presented by the plaintiff, which shows a reasonable likelihood of their occurrence. For prospective damages to be granted, they must be within the reasonable contemplation of both parties involved and should be measurable with a fair degree of certainty.
Prospective damages are commonly used in civil law, particularly in personal injury cases, contract disputes, and tort claims. They help injured parties recover compensation for future losses that can be anticipated based on the circumstances of the case. Users can manage some aspects of these claims using legal templates from US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A person injured in a car accident may claim prospective damages for future medical expenses, lost wages, and ongoing rehabilitation costs that can be anticipated based on their current medical condition and prognosis.
Example 2: A business that suffers a breach of contract may seek prospective damages for lost profits that it can reasonably project based on past performance and market conditions. (hypothetical example)
| State | Variation in Law |
|---|---|
| California | Allows for a broader range of prospective damages in personal injury cases. |
| New York | Requires a higher burden of proof for future damages compared to other states. |
| Texas | Caps certain types of damages, including prospective damages, in specific cases. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Actual Damages | Compensation for proven losses incurred. | Actual damages are based on past losses, while prospective damages focus on future losses. |
| Consequential Damages | Losses that occur as a direct result of an action. | Consequential damages may include future losses but are often broader in scope than prospective damages. |
If you believe you are entitled to prospective damages, gather all relevant evidence, including medical records, financial documents, and expert testimonies. Consider consulting a legal professional to assess your case and guide you through the process. You can also explore US Legal Forms for templates that can help you prepare your claim effectively.
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They are damages that are expected to occur in the future due to an injury or harm.