Tort Claim Damages

Posted on Saturday, January 1st, 2022 at 4:47 am    

The concept of tort law is to ensure that the injured person or the one who has suffered damages is made whole. Being made ‘whole’ is done through getting compensation is the form of money. Such compensation covers the losses the person has suffered as a result of the tort action. This article will discuss how damages are established in a tort claim.

The Cornell Law School Legal Information Institute defines a tort as:

“an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.” Torts are personal injuries caused by non-criminal wrongs or civil wrongs.

Tort Claim Damages

Damages are a remedy in money compensation to the person that was harmed in a tort action. Put simply it is the money the law imposes on a breach or violation of a duty or right.

When measuring damages in property the compensation is the market value of the item before and after the injury. In cases where the property is destroyed compensation is measured at the market value of the property. Where repairs can be done to restore the property compensation is measured at the cost of repair. However, the cost of repair cannot be more than the fair market value of the property. Therefore, it makes more sense to replace the property if it is cheaper to replace than repair it.

The same situation applies in respect of damage to real estate. For example, permanent damage to land is measured by the difference between the market value of the land before and after damage. Where damage is only temporary, compensation is measured by the reasonable cost of repair. In addition, it may include the value of the use of the property during the period of recovery or the diminishing in the rental value of the property.



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