Remote damages refer to losses or injuries that do not occur directly as a result of a wrongful act. Instead, these damages arise from unusual or unexpected circumstances that are not typically anticipated. In legal terms, they are considered speculative and often fall outside the scope of liability because they are not the direct result of the negligent party's actions.
Remote damages are primarily discussed in civil law, particularly in tort cases where negligence is involved. Legal practitioners assess whether damages claimed are direct or remote to determine liability. Users may encounter this term when dealing with personal injury claims, property damage, or contract disputes. Utilizing legal templates from US Legal Forms can help individuals navigate these issues effectively.
Here are a couple of examples of abatement:
Example 1: A person slips and falls in a store due to a wet floor. They suffer an injury and claim remote damages for emotional distress caused by the incident. The court may find that emotional distress is a remote damage, as it is not a direct result of the fall itself.
Example 2: A car accident leads to a minor injury, but the injured party later claims remote damages for lost future earnings due to a job opportunity that was not directly affected by the accident. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Remote Damages Consideration |
|---|---|
| California | Remote damages are often limited in personal injury cases. |
| New York | Courts may allow remote damages if they can be proven with certainty. |
| Texas | Remote damages are generally not recoverable unless directly linked to the injury. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Direct damages | Losses that directly result from a wrongful act. | Direct damages are typically recoverable, while remote damages are not. |
| Consequential damages | Losses that occur as a consequence of a wrongful act but are not direct. | Consequential damages may be recoverable if foreseeable, unlike remote damages. |
If you believe you may be entitled to remote damages, consider the following steps:
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Remote damages are losses that are not the direct result of a wrongful act and are often considered speculative.