An unliquidated claim refers to a type of claim where the exact monetary value cannot be determined at the outset. This often occurs in situations where the damages are subjective and require further evaluation, such as in personal injury cases. For example, in a car accident, the extent of pain and suffering experienced by the victim is not quantifiable without further evidence, making it an unliquidated claim.
Unliquidated claims are commonly encountered in civil law, particularly in personal injury, tort, and contract disputes. These claims often arise when an individual seeks compensation for damages that are not easily calculable, such as emotional distress or future medical expenses. Users can manage some aspects of these claims using legal templates from US Legal Forms, which provide guidance on how to document and present such claims effectively.
Here are a couple of examples of abatement:
1. In a car accident case, a driver suffers from chronic pain due to injuries sustained. The exact compensation for their pain and suffering is debated and requires a jury to decide based on testimonies and medical records (hypothetical example).
2. An employee claims emotional distress after being wrongfully terminated. The amount of damages for emotional distress is unliquidated until evaluated in court.
Examples of state differences (not exhaustive):
| State | Unliquidated Claims Considerations |
|---|---|
| California | Allows for broader interpretations of pain and suffering in unliquidated claims. |
| New York | Requires specific evidence to substantiate claims for emotional distress. |
| Texas | Has caps on certain types of damages that may affect unliquidated claims. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Liquidated Claim | A claim with a specific monetary amount agreed upon by the parties. | Unlike unliquidated claims, the value is predetermined and clear. |
| Compensatory Damages | Monetary compensation awarded to reimburse actual losses. | Compensatory damages can be liquidated or unliquidated, depending on the situation. |
If you believe you have an unliquidated claim, consider the following steps:
Browse our library of 85,000+ state-specific legal templates.
An unliquidated claim is a legal claim where the exact amount of damages is not determined and requires further evaluation.