Law Of Tort Damages
Astryd Boschee
Whenever discrimination is found, the goal of the law is to put the victim of discrimination in the same position (or nearly the same) that he or she would have been if the discrimination had never occurred.
The types of relief will depend upon the discriminatory action and the effect it had on the victim. For example, if someone is not selected for a job or a promotion because of discrimination, the remedy may include placement in the job and/or back pay and benefits the person would have received.
Compensatory and punitive damages may be awarded in cases involving intentional discrimination based on a person's race, color, national origin, sex (including pregnancy, gender identity, and sexual orientation), religion, disability, or genetic information.
Compensatory damages pay victims for out-of-pocket expenses caused by the discrimination (such as costs associated with a job search or medical expenses) and compensate them for any emotional harm suffered (such as mental anguish, inconvenience, or loss of enjoyment of life).
In cases involving intentional age discrimination, or in cases involving intentional sex-based wage discrimination under the Equal Pay Act, victims cannot recover either compensatory or punitive damages, but may be entitled to "liquidated damages."
Liquidated damages may be awarded to punish an especially malicious or reckless act of discrimination. The amount of liquidated damages that may be awarded is equal to the amount of back pay awarded the victim.
Common law and statutes determine the amount and types of compensatory damages permitted in a given jurisdiction. Litigators must check state statutes to see if there are limitations on the type and quantity of compensatory damages.
Adding up economic damages like medical bills and lost wages is relatively straightforward, but valuing intangibles like emotional distress is more complex. Two mathematical methods are typically used for noneconomic damages; the multiplier method and the per diem method.
In any action for personal injury or death arising from the operation of a motor vehicle, engine or train, the finder of fact may, in its discretion, award punitive damages to the plaintiff if the evidence proves that the defendant acted with malice toward the plaintiff or the defendant's conduct was so willful or wanton as to show a conscious disregard for the rights of others.
A defendant's conduct shall be deemed sufficiently willful or wanton as to show a conscious disregard for the rights of others when the evidence proves that (i) when the incident causing the injury or death occurred, the defendant had a blood alcohol concentration of 0.15 percent or more by weight by volume or 0.15 grams or more per 210 liters of breath; (ii) at the time the defendant began drinking alcohol, or during the time he was drinking alcohol, he knew or should have known that his ability to operate a motor vehicle, engine or train would be impaired, or when he was operating a motor vehicle he knew or should have known that his ability to operate a motor vehicle was impaired; and (iii) the defendant's intoxication was a proximate cause of the injury to or death of the plaintiff. For the purposes of clause (i), it shall be rebuttably presumed that the blood alcohol concentration at the time of the incident causing injury or death was at least as high as the test result as shown in a certificate issued pursuant to 18.2-268.9, in a certificate of analysis for a blood test administered pursuant to 18.2-268.7, provided that the test was administered in accordance with the provisions of 18.2-268.1 through 18.2-268.12, or in a certificate of analysis for a test performed by the Department of Forensic Science on whole blood drawn pursuant to a search warrant, provided that the test was administered in accordance with the provisions of 18.2-268.5, 18.2-268.6, and 18.2-268.7. In addition to any other forms of proof, a party may submit a copy of a certificate issued pursuant to 18.2-268.9, a certificate of analysis for a blood test administered pursuant to 18.2-268.7, or a certificate of analysis for a test performed by the Department of Forensic Science on whole blood drawn pursuant to a search warrant, which shall be prima facie evidence of the facts contained therein and compliance with the applicable provisions of 18.2-268.1 through 18.2-268.12. For the purposes of clause (ii), it shall be rebuttably presumed that the defendant who has consumed alcohol knew or should have known that his ability to operate a motor vehicle, engine, or train was or would be impaired by such consumption of alcohol.
However, when a defendant has unreasonably refused to submit to a test of his blood alcohol content as required by 18.2-268.2, a defendant's conduct shall be deemed sufficiently willful or wanton as to show a conscious disregard for the rights of others when the evidence proves that (a) when the incident causing the injury or death occurred the defendant was intoxicated, which may be established by evidence concerning the conduct or condition of the defendant; (b) at the time the defendant began drinking alcohol, during the time he was drinking alcohol, or when he was operating a motor vehicle, he knew or should have known that his ability to operate a motor vehicle was impaired; and (c) the defendant's intoxication was a proximate cause of the injury to the plaintiff or death of the plaintiff's decedent. In addition to any other forms of proof, a party may submit a certified copy of a court's determination of unreasonable refusal pursuant to 18.2-268.3, which shall be prima facie evidence that the defendant unreasonably refused to submit to the test. For the purposes of clause (b), it shall be rebuttably presumed that the defendant who has consumed alcohol knew or should have known that his ability to operate a motor vehicle, engine, or train was or would be impaired by such consumption of alcohol.
Evidence of similar conduct by the same defendant subsequent to the date of the personal injury or death arising from the operation of a motor vehicle, engine, or train shall be admissible at trial for consideration by the jury or other finder of fact for the limited purpose of determining what amount of punitive damages may be appropriate to deter the defendant and others from similar future action.
In any action accruing on or after July 1, 1988, including an action for medical malpractice under Chapter 21.1 ( 8.01-581.1 et seq.), the total amount awarded for punitive damages against all defendants found to be liable shall be determined by the trier of fact. In no event shall the total amount awarded for punitive damages exceed $350,000. The jury shall not be advised of the limitation prescribed by this section. However, if a jury returns a verdict for punitive damages in excess of the maximum amount specified in this section, the judge shall reduce the award and enter judgment for such damages in the maximum amount provided by this section.
Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. Most scholars agree that tort law has four purposes: (1) compensation for damages; (2) financial responsibility; (3) deterrence; and (4) avoiding self-help. This article discusses the purpose of compensation.
Every victim of a tort suffers at least one legal injury. A legal injury is a violation of a legal right. The legal injury usually causes financial harm to the victim, such as the cost of repairing or replacing something or the cost of treatment for a some physical injury. Because a legal injury usually causes financial harm to the victim, justice requires that the victim be entitled to receive financial compensation from the person who committed the tort for the financial harm caused. Indeed, tort law does generally provide financial compensation for the financial harm caused by a violation of tort law.
Punitive damages are damages designed to punish the person who committed the tort whether or not actual harm has been suffered as a result of a legal injury. Punitive damages are awarded when the conduct of the person who committed the tort is found to be malicious, wanton, or willful.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
ORM objectively determines the state's liability for claimed injuries. It fairly compensates claimants for damages when liability is supported by evidence and denies claims when liability is unsupported. ORM recognizes its stewardship role in protecting state resources by striving for efficient and timely service to individuals. Approved claims are paid out of the Self-Insurance Liability Program (SILP), which is funded by state agencies.
DO NOT USE THIS FORM if you were harmed by another entity (for example: the United States Government, another country, another state, a county, city, or private citizen). You must file your claim against the other entity or entities.
Submit a tort claim online securely. You can attach supporting documents and print out your submission at the end. However, online submission forms cannot be saved. Once started, they must be completed. Allow yourself enough time to complete and have all documents in electronic format. There is no need to send a duplicate copy by mail.
Submit the completed Washington State Tort Claim form to the following fax number: 360-507-9251. The fax submittal must include the date, time the claim document was submitted, and the fax number from which it was sent. Please do NOT mail an additional copy of the claim to DES.
Documents will not be returned, please keep copies of everything you submit. Submit the completed Washington State Tort Claim form by mail to the following address:
Office of Risk Management
Department of Enterprise Services
PO Box 41466
Olympia, WA 98504-1466