Quick Answer: Can You Sue Someone If There Are No Damages?

What are the 3 types of damages?

3 types of damages in personal injury cases: general damages, special damages, and punitive damages.

General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole..

How do I know if someone is suing me?

Go to the court clerk in the county where you reside, and check to see if there is a case filed against you. If it is past the Statute of Limitations, and no case has been filed, then you are home free.

Can I sue my ex for wasting my time?

The answer is generally no – you can’t sue for wasted time in most instances. Telemarketers can be sued for…

How much money can you get for suing for emotional distress?

You can recover up to $250,000 in pain and suffering, or any non-economic damages.

Can I sue someone for ruining my reputation?

Written defamation is called “libel,” while spoken defamation is called “slander.” Defamation is not a crime, but it is a “tort” (a civil wrong, rather than a criminal wrong). A person who has been defamed can sue the person who did the defaming for damages.

What are damages awarded?

At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss.

Can you sue someone if they have nothing?

Unfortunately, there is no good answer—if someone has little income and few assets, they are effectively “judgment proof” and even if you win against them in court, you effectively lose: you spent the time and money to sue and receive nothing in return. … First, you don’t have to sue the person immediately.

Is it better to sue or counter sue?

If the claim that you have against the opposing party arises from the same event or action for which they are suing you, you must file a counterclaim. You will otherwise waive your right to sue them in the future. For example, say someone with whom you were in a car accident decides to sue you.

What happens if you sue someone and they don’t pay?

If the creditor wants you to pay them money, they can take you back to court on a Supplemental Process to “garnish your wages.” They can take money out of your paycheck before you get paid. If you are collection proof, the creditor cannot take any of your assets or income even though they have a judgment against you.

How are damages calculated?

To get a reasonable starting number for negotiating general damages, many insurance companies and attorneys multiply the amount of medical special damages by a factor of 1.5 to 5, depending on the severity of the injuries. In extreme cases, a factor of more than 5 may be used.

What is the difference between loss and damage?

As nouns the difference between damage and loss is that damage is injury or harm; the condition or measure of something not being intact while loss is an instance of losing, such as a defeat.